Study On Construction Of Administrative Self-control System In Environmental Governance

The theory of administrative self-control is the theory of internal control,which is the inheritance and innovation of the traditional theory of administrative rule of law.Administrative self-control is a kind of autonomous behavior that the administrative subject spontaneously restricts its administrative behavior and makes its administrative power run in a legal and reasonable range.In short,it is the self-control of the administrative subject on its own illegal or improper behavior,including self-control There are a series of subordinate mechanisms,such as prevention,self discovery,self containment,self correction,etc.In practice,with the further development of the rule of law in environmental governance,the boundary of environmental law enforcement power is gradually widening,and the traditional external control theory is difficult to adapt to the current new requirements of power control.As far as legislative control is concerned,whether it is the new environmental protection law or the relevant department regulations,its congenital defect is that it is difficult to accurately restrict the environmental administrative power,which is relatively professional At the same time,the legislature is interfered by the executive power in the designation of laws,and it can not supervise the higher level of executive power,nor can it closely monitor the huge and complex environmental executive power.As far as judicial control is concerned,because of its own nature,the judicial organ has a narrow and long time to control the environmental executive power Lagging behind,because it is a passive error correction mode after the event when the current environmental administrative power is exercised in a wide range,which can not play the effect of controlling power in advance.In addition,the field of environmental administrative power is highly professional,and judges are lack of relevant professional knowledge in this special field,which leads to the weak ability of error correction.At the same time,the judicial organ as the main body of justice is not strong A kind of external control mechanism,in the face of higher professional environmental field,will produce higher control cost,and also cause the loss of subjective initiative of environmental administrative power.Therefore,with the gradual expansion of environmental administrative power,we need to break through the traditional control mechanism,change the administrative control thinking,pay attention to administrative self-control,and make up for the lack of external control mechanism from the internal of environmental organs We should improve the system of administrative control.Therefore,in environmental governance,when the limitations of external air power are highlighted and the construction of environmental rule of law is carried out in depth,combined with the generalization of the current administrative self-control phenomenon,it has become a prominent problem in the field of administrative law to change the original power control theory and traditional power control thinking,and to explore new theories that meet the needs of the construction of environmental rule of law in the new era from the perspective of environmental administrative subject itself Therefore,in environmental governance,on the one hand,we should affirm the external power control mechanism,at the same time,we should turn the focus to the environmental administrative subject itself.Starting from the environmental administrative subject itself,we should explore the functions,methods,practice mechanism,practical difficulties,and improvement path of administrative self-control in environmental governance This paper discusses the decentralization system,the internal supervision system of environmental organs,the environmental administrative reconsideration system and other mechanisms,analyzes the operation mechanism in practice and the existing problems in practice,and improves the existing problems from the theory of administrative self-control,so as to realize the legalization of environmental governance.Specifically,this paper discusses the construction of administrative self-control system in environmental governance through five departments.In the introduction part,it introduces the proposal of administrative self-control in environmental governance,research significance,research status at home and abroad,research value,research methods,etc.;in the second part,it analyzes the legal principle of the construction of administrative self-control system of environmental administration,and makes a simple theoretical interpretation of its connotation,value,function and legitimacy.The third part mainly introduces the practice of the construction of administrative self-control in the field of environment from four aspects: the internal control mechanism of environmental administrative discretion,the internal decentralization system of environmental organs,the internal supervision system of environmental organs,and the environmental administrative reconsideration system.The fourth part summarizes the problems existing in the construction of administrative self-control system in the field of environment through examples;the fifth part scientifically improves the problems existing in the construction of administrative self-control system in the field of environment from four aspects: the internal control mechanism of environmental administrative discretion,the internal decentralization system of environmental organs,the internal supervision system of environmental organs,and the environmental administrative reconsideration system.In the process of legalization of environmental governance,a series of measures have been gradually put forward,such as "power list","leadership responsibility system","run once at most" and "leave marks in the whole process of law enforcement",which are further enriching the theory of administrative self-control in environmental governance.The administrative self-control aimed at serving the administrative counterpart promotes the administrative organs to implement legal and reasonable administrative actions,thus further promoting the environmental governance The construction of governance by law has changed the original single mechanism of controlling administrative power through external control.The above theory and practice mechanism provide a solid foundation for the improvement of the theory of administrative self-control.At the same time,through the theory of administrative self-control,we can realize the initiative,specialization and standardization of environmental governance in environmental governance,so that the environmental administrative subject can voluntarily take over Under supervision,voluntary good behavior,independent control of their own hands of power,and then effectively promote the rule of law of environmental governance.