Study On The Legal System Of Administrative Substituted Fulfillment On Environment In China

The complex and abnormal environmental problems are often the result of the superposition of economic and political factors,so that the person responsible for environmental problems is not easy to determine,and the cost of dealing with environmental problems is not guaranteed.When the environmental obligor is unable or unwilling to perform the environmental obligations,the administrative organ shall perform or entrust a third person to perform the environmental obligations on its own behalf,which results in the environmental administrative performance on its behalf.After the environmental administration is performed on behalf of the environmental obligor,if the environmental obligor is determined,the obligor shall bear the cost of performance;if the obligor cannot be determined,the public funds shall advance the payment in advance,and the recovery shall be conducted after the environmental obligor is determined.The performance of environmental administration on behalf of others improves the efficiency of environmental problem management and enhances the ability of environmental problem management.It is a common method adopted by all countries in the treatment of environmental pollution and the restoration of ecological environment.Based on the analysis of the current situation,this paper points out that China is facing some problems,such as the imperfection of laws and regulations,the conflict of relevant regulations,the lack of system guarantee measures and so on.From the perspective of the relationship between "environmental rights" and "environmental rights",this paper analyzes the imbalance of power operation among environmental administrative power,environmental legislative power and environmental judicial power,which leads to the lack of power and supervision of environmental administrative power;the lack of interaction between "environmental rights" and "environmental rights" leads to the interests of "environmental rights" The expression is not enough,and there is a problem that damages the public welfare of the environment.In order to form environmental power and environmental right in our country,we should make clear the relevant authorized regulations,improve the safeguard mechanism,improve the connection of environmental administrative agent performance related litigation,reasonably allocate environmental power,regulate the operation of environmental power and other problems,and draw lessons from the beneficial experience of foreign countries on the collection of performance costs,the determination of environmental obligors,and the connection between agent performance and litigation In order to reduce the environmental risk and restore the function of ecological environment,we should improve the system of environmental administrative agency.