Research On Decision-making Procedures Of Ecological Environment Restoration Plan In Administrative Surrogate Performance

The administrative surrogate performance is an important administrative enforcement way in the public law relief for ecological environment damage,which has more advantages than existing relief for ecological environment damage and has legal basis.When the administrative counterpart fails to obey the restoration obligation under the administrative order,the administrative agency may enforce this order through the administrative surrogate performance.Due to the particularity of ecological environment restoration activities,the obligation of ecological environment restoration includes making a restoration plan.However,the existing procedures of the administrative surrogate performance cannot fully meet the needs of ecological environment restoration,especially lacking the decision-making procedures of the restoration plan.As a procedural administrative act,the act of making a decision on restoration plan will have an adverse impact on the administrative counterpart through the final administrative decision.At the same time,based on the theory of the due process of law,administrative power restriction and supervision,and public participation principle,the decision-making procedures of the restoration plan should be regulated.However,there are still problems of lacking plan-drafting subject selection procedures of the third party,lacking internal supervision procedures,imperfect information disclosure and public participation procedures,unclear procedures of hearing the opinions of the administrative counterpart,and lacking procedures of dissenting declaration by the administrative counterpart.In order to solve these problems,this thesis proposes to regulate plan-drafting subject selection procedures of the third party,which means that selecting the third party through bidding procedures.Regulate internal supervision procedures.When the administrative agency drafts the restoration plan by itself,the superior agency should review the restoration plan.When the third party drafts the restoration plan,the administrative agency enforcing the order should review the restoration plan.Improve the information disclosure and public participation procedures,which means that the information disclosure procedures during drafting plan,before and after reviewing plan should be regulated.Regulate procedures of hearing the opinions of the administrative counterpart,which means that the administrative counterpart can raise objections to the content of the plan and the administrative agency responsible for review should hear their objections and recording and feedback for their objections.Regulate procedures of dissenting declaration by the administrative counterpart,like the declaration subject and object,specific procedures,the way how the administrative agency to make a feedback,the effect of the objection,whether an administrative lawsuit can be filed against the objection decision,etc.What’s more,this thesis proposes to adopt a progressive legislative model,and promulgate administrative regulations to regulate the decision-making procedures of the restoration plan in the administrative surrogate performance.