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On The Trustworthy Joint Incentive System In Environmental Protection

Posted on:2021-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z X XiaoFull Text:PDF
GTID:2491306197992589Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In administrative law,credit incentives and punishment are two administrative measures of different nature,and they complement each other and help each other.This paper takes the environmental and trustworthy joint incentive system with low social attention and relatively weak research foundation as the research object.By combing the etymology of the etymology in the relevant background and combining with the research of the administrative law community on this issue,the environmental and trustworthy joint incentive system is summarized For: The environmental authorities in conjunction with other regulatory entities,based on environmental credit evaluation,implement a system of various types of beneficial measures for entities that actively fulfill their legal obligations and comply with agreed obligations.This is a new governance model that combines multiple regulatory bodies and multiple incentive mechanisms.It has a rewarding and guiding nature.It enables the efficient allocation of social and natural resources and promotes the sustainable development of the ecological environment.The thesis first discusses the classification and characterization of environmental incentives.By sorting out and categorizing specific incentives in laws,regulations,and policy documents,the environmental and trustworthy joint incentives can be divided into trustworthy red lists,qualification priority categories,financial support categories,and other categories.According to this classification,the article analyzes and studies the legal nature of the corresponding measures,and classifies and understands the beneficial characteristics,which lays the foundation for the discussion of the existing problems of the system and the analysis of relief methods.Then,this paper sorts out the development process of the trustworthy joint incentive system in the environmental field in recent years,and then takes Hubei Province as an example to further study the operating practice of the system in the field of environmental protection.Specific problems in implementation and legalsupervision.In terms of legislation,there are problems such as lower legal rank,abstract incentive standards,weaker coercion,and unclear and unspecific legal responsibilities.In terms of administrative execution,combined with the specific practice of joint incentives for environmental trustworthiness,the analysis is carried out from three aspects: objective subjective difficulty,subjective inaction,and chaotic act of administrative subjects.The administrative difficulties are mainly manifested in the non-communicability of the credit information of the joint departments,the inconsistency of environmental credit evaluation standards,the weak operability of incentive measures and the incomplete range of incentives.Administrative inaction is mainly reflected in the passive nature of beneficial administrative actions,as well as the lack of accountability mechanism for administrative inaction and an active incentive mechanism for administrative action.Administrative chaos manifests itself as problems of repeated incentives,wrong incentives,and lack of correlation between joint incentive fields.In terms of legal supervision,there are problems of weak internal supervision of the administration and insufficient external supervision.Finally,in view of the problems mentioned above,the author puts forward suggestions on the construction and improvement of the trustworthy joint incentive system in environmental protection from the perspectives of legislation,administrative enforcement,and legal supervision.From a legislative point of view,it is necessary to improve the level and effectiveness of relevant laws on a macro level to establish and improve the environmental credit legislation system;in the construction of specific laws,the legal basis for incentives,the incentive standards should be specified,the mandatory provisions should be introduced,and the clarification Encourage the legal responsibility of subjects and objects.From the perspective of the administrative implementation mechanism,it is necessary to establish a scientific environmental credit evaluation system,strengthen the dynamic management of the environmental trustworthiness list,give play to the effectiveness of environmental trustworthiness joint incentives and standardize environmental trustworthiness joint incentive procedures.From the perspective of legal supervision and relief,administrative counterparts,interested parties,and the public should befully guaranteed to exercise their supervisory powers and seek relief through various channels.To this end,environmental authorities and relevant regulatory bodies should abide by their obligations and strengthen the internal supervision of the administrative system;for external supervision,they should strengthen the form of social supervision including public opinion supervision and letters and visits,and open up judicial supervision channels to regulate environmental trustworthiness Judicial review of joint incentives.
Keywords/Search Tags:credit, environmental protection, government, joint incentives, legalization
PDF Full Text Request
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