A Case Study Of Mandatory Environmental Administrative Actions

Responsible environmental administrative behavior refers to the administrative behavior of the administrative agency in order to restore or change the status quo of the environment.The external behavior mode is “ command + administrative behavior ”.The behavioral characteristics of the responsible environmental administrative actions include imperative,interactive,remedial and sequential.There is still controversy in the academic nature of the legal nature of administrative actions that dictate environmental behavior.The mainstream views include the theory of administrative punishment,the theory of administrative orders,and the theory of administrative enforcement measures.In the context of a theoretical background,the administrative environmental behavior of the law has produced the following practical problems: First,in similar cases,the legal norms on which the administrative organs make decisions are too different.Second,there is no uniform standard for the types of instruments used when an administrative agency makes a decision.Third,the results of the referee are unstable,and the judgments of different courts in similar cases are completely different.Fourth,the same type of orderly environmental administrative behavior,the results of different courts to determine their legal nature are also different.The main reason for the current status quo of this practice is that the legal nature of the administrative actions of the law is still controversial in terms of academics,and there is no general view of the academic circles.The lack of scientific science of legislation is also one of the important reasons for this practical problem.There are too many types of administrative environmental behaviors that are arbitrary and indiscriminately used and ordered,which leads to the phenomenon that the administrative organs are free to apply in practice.At the same time,the court did not have a uniform judicial review standard for ordering environmental administrative actions,which also aggravated the problem.