A Study On The Remedy For Ecological Environment Damage Through An Administrative Order

Nowadays,the ecological damage in China is characterized by its large number,wide distribution,and serious hazard,which creates many new demands for China's ecological conservation.The remedy of ecological environment damage,as a crucial part of eco-environment protection,has become a major concern in the academic and practical fields.At present,the four existing remedies for eco-environment damage in our country,to some extent,have played their roles in the ecological environment protection.However,the weaknesses of the common compensation system of eco-environment damage,the litigation system of environmental public interest and environmental administrative penalty have begun to emerge in the practice,which limited the effects of the relief to a certain degree.Hence,the damage to the ecological environment keeps happening in China and becomes increasingly serious.Nevertheless,the administrative order remedy could make up for the deficiencies of the remedies mentioned above due to its timeliness,wide application,simple procedure and so on.Thus,it is necessary for us to see the vital role of the administrative order in the remedy of ecological environment damage.Based on this,the thesis takes the administrative order remedy of ecological environment damage as the research object and gets a conclusion that the administrative order is an effective remedy for eco-environment damage after sorting out related theories,extracting its systems,and investigating its practices.In the meantime,the thesis proposes targeted suggestions to make up for the shortcomings of the administrative order remedy in order to maximize its effects.The whole paper consists of four parts in addition to the introduction and conclusion.The first part analyzes the necessity of the administrative order remedy for ecological damage.In the context of building an ecological civilization,the author dissects the features of ecological damage and administrative order and finds out that the nature of ecological damage determines its need for administrative order remedy while the characteristics of administrative order establishes its advantages in the remedy of ecological damage,and thus demonstrates the essential role of the administrative order remedy for ecological damage.The second part is an analysis of the relevant laws and regulations to the administrative order remedy for ecological damage.Due to the absence of central policies and documents as well as specialized laws and regulations,this part sorts out the legal provisions related to the administrative order remedy from the laws and regulations of environment and natural resource protection,and extracts its normative features from the remedy for the ecological damage,that is diverse subjects,various types and enforceability.The third part examines the administrative order remedy for the ecological damage in practice.The author concludes that the administrative order remedy,contrast with other remedies for ecological damage,features high applicability,timeliness of applicable procedure,etc.,but its applicable effect has yet to be improved.In addition,the author analyzes its drawbacks in practice from three dimensions and finds out that its application suffers from the lack of concept,for instance,administrative subjects pay little attention to the remedy while administrative counterparts fail to implement it,imperfect entity rules such as confused system of the administrative order remedy and ambiguous description of its rules,and unsound procedural mechanisms such as nominal procedure and poor connection with other remedies.The fourth part offers suggestions for improving the administrative order remedy for the ecological damage.It closely focuses on the existing problems of the remedy and puts forward the suggestions such as establishing the idea of priority application of the administrative order remedy for the ecological damage,improving its substantive rules and procedural mechanisms,constructing a collaborative system of the remedy and so on.