Administrative Regulations On Administrative Investigation Of Environmental Information In China

With the rise of the welfare state and the increasingly prominent environmental problems,environmental governance has become an important task of the modern administrative state,and environmental administrative law also constitutes an important content of administrative law research.However,efficient administration cannot be separated from accurate information.The effectiveness of decision-making or behavior of administrative subjects in environmental administration depends largely on the grasp of basic information.Therefore,the status of the environmental information administrative investigation system used to collect information has been greatly highlighted in environmental administration,and should be concerned by administrative law.Moreover,facing the realistic background of China's state institutional reform,how to solve the problems existing in the current environmental information administrative investigation system on the basis of the consistency with the reform direction is also of great practical value.The administrative law research of environmental information administrative investigation system should first clarify the research object.After analyzing the dual meanings of environmental information administrative investigation in norms,it is found that environmental information administrative investigation should be understood in a broad sense based on the need to maintain the logical coherence and consistency of norms.At the same time,the contradiction between the multiple orientations of environmental information administrative investigation and the static research perspective of administrative behavior theory directly leads to the diversity of the results of the legal nature of environmental information administrative investigation.Therefore,the dynamic administrative process theory should be adopt to observe the legal attributes of environmental information administrative investigation.Finally,environmental information administrative investigation can be defined as a general system for the administrative subject to collect relevant information and ascertain factual basis for making reasonable environmental decisions,and specifically includes the environmental information administrative investigation as a necessary stage of administrative decision-making at the macro level and as an independent administrative activity at the micro level,thus coordinating with its different specific types.On the basis of clarifying this research object,through the analysis of relevant regulations and administrative practices of environmental information administrative investigation,we can find that the environmental information administrative investigation system in China faces physical and procedural deficiencies.First of all,on the physical side,on the one hand,the investigation subject of the administrative investigation of environmental information in the current norm is not uniform,and there is overlap and fragmentation between the powers of the investigation subject;on the other hand,the scope of administrative investigation power is blurred,mainly manifested as the investigation methods under the decentralized norms are not uniform,the dynamic changes of the investigation methods and the unknown conditions of their application.Secondly,in terms of procedures,the discretionary power of the subject of environmental information administrative investigation lacks procedural control,and the procedural rights of the administrative counterparts,such as the right to know and the right to participate,are also difficult to achieve.Through analysis,we can find that the above problems are caused by the contradiction between comprehensive authority and decentralized subject,the lack of power type division in administrative investigation,the unclear procedural benchmark for investigating subject discretion,and the rights guarantee procedures for administrative counterparts are not sound.In view of the above problems,the legalist principle and administrative emergency principle of investigation should be adhered to in the entity,and the entity regulation should be carried out from two aspects of the main subject of the environmental information administrative investigation system and its authority.At the same time,in terms of procedures,on the basis of emphasizing the principle of authoritarian investigation,we should adhere to the principle of due process,establish the procedure benchmark for the discretionary power of the investigation subject,and improve the security procedures for rights of the administrative counterparts.Perform program regulation.Therefore,through the physical regulation and procedural regulation of the environmental information administrative investigation system,the environmental investigation administrative investigation system of China is jointly improved.