On The Administrative Order Relief Of Ecological Environment Damage

Everyone has the consciousness of protecting the environment,but it is inevitable that the environment will be destroyed.In order to realize the responsibility of ecological environment damage and the protection of ecological environment interests,a variety of environmental relief means came into being.The remedy of environmental administrative order is a kind of means to remedy the ecological environment damage by the way of environmental administrative organ issuing administrative order,which requires the administrative counterpart to fulfill the legal obligations,timely correct the behavior that should be done but not done and the consequences of environmental harm.At the same time,it also has positive significance in the implementation of the principle of coordination between economic and social development and environmental protection,the realization of protection priority,prevention first,the principle of damage liability and the improvement of law enforcement ability of environmental protection departments.However,at present,the theory and practice of environmental administrative order in China’s environmental governance have not received the corresponding attention,and there are also some problems such as nonstandard content application.As an important way to relieve ecological environment damage,the existence of the above problems seriously affects the function of ecological environment relief,so this paper carries out relevant discussion.This paper focuses on the effective convergence of several ecological environmental damage relief methods in China,and analyzes the priority of environmental administrative order means in the application of relief,so as to arouse the attention of the academic circles to the environmental administrative order means.This paper is divided into three parts to sort out the plight of ecological environmental administrative order in the relief of ecological environment.The first part is about the administrative order and other means of environmental relief.This part mainly analyzes the advantages and disadvantages of various relief methods to demonstrate the important role of environmental administrative order in ecological environment relief.In the second part,in addition to determining the priority of environmental administrative order in the application of ecological relief,the distinction between the establishment of its independent status and the application of administrative punishment is also an urgent problem to be solved.This part aims to confirm the independence of environmental administrative order by clarifying the application relationship between order and punishment,and pave the way for further establishing the priority of environmental administrative order in the application of administrative means.In the third part,the non-standard legal rules of environmental administrative order is also one of the important reasons for the lack of application in practice.Due to the large number of forms,unclear contents,difficulties in law enforcement and lack of effective remedies,it is difficult for environmental administrative orders to be widely used.Therefore,in the recent legislation,the manifestation of environmental administrative order should be gradually standardized;at the same time,by further improving the application conditions and procedures of administrative order,the discretion of administrative organs should be reduced,so that the law enforcement means of environmental administrative order can play its due role.