The Research On Reconciliation System Of Environmental Administrative Law Enforcement

Since the 18th CPC National Congress,the deterioration trend of China’ s ecological environment has been significantly reversed,and the quality of the ecological environment has also been significantly improved.At present,China’ s ecological and environmental protection work is at a new historical starting point.In the new stage of development,the key to protecting the ecological environment is to change the way of environmental administrative law enforcement : from unilateral governance,terminal governance,ex post punishment to multiple governance,process control,pre prevention,and further form a law enforcement system suitable for the benign development of China’ s environmental protection to meet the new expectations of the people for a better living environment.The reconciliation system of environmental administrative law enforcement,on the one hand,provides a platform for enterprise participation,public participation and social participation,and provides a place for the expression and consultation of the diversified appeals of the counterpart,thus forming the absorption and integration of public opinion,realizing the benign interaction between environmental rights and environmental power,and then transforming it into environmental protection policy and environmental legal system.On the other hand,environmental administrative law enforcement will be engaged in post-governance to advance prevention.Its comprehensive deterrent law enforcement and law-abiding assistance can optimize the implementation effect of environmental law and promote the implementation and implementation of environmental protection policies and laws.In the introduction,this paper introduces the research background,research significance,main content of the research and research review at home and abroad.The second chapter introduces the concept of reconciliation in environmental administrative law enforcement.Reconciliation in environmental administrative law enforcement refers to the activities of the environmental administrative department in the process of environmental administrative law enforcement,in accordance with the law,and through consultation with the administrative counterpart to form a consensus and reach a settlement to achieve the purpose of environmental protection.And clarify the nature of environmental administrative law enforcement reconciliation,it belongs to a kind of ‘ based on negotiation of administrative behavior’,has the function of calming administrative disputes,regulating administrative discretion,guiding enterprise compliance.The third chapter combs the practice of similar systems and local systems of environmental administrative law enforcement reconciliation in China,and finds that China’ s environmental administrative law enforcement reconciliation lacks attention to the previous stage,and also needs to be improved in terms of content and procedure.This part also analyzes the feasibility of environmental administrative law enforcement reconciliation system.The fourth chapter analyzes the realistic and theoretical basis of environmental administrative law enforcement reconciliation system.On the basis of reality,it can alleviate the relationship between environmental administrative law enforcement needs and environmental administrative resource allocation,conform to the reform of environmental administrative law enforcement system in China,and solve the problem of rights relief of administrative counterpart and administrative third party in the field of environmental administration.The theoretical basis of environmental administrative law enforcement reconciliation includes deliberative democracy,administrative law balance theory and reflexive law theory.The fifth chapter mainly introduces the environmental administrative law enforcement reconciliation in the United States,Germany and Chinese Taiwan.The environmental administrative law enforcement reconciliation system in the United States adopts the ‘ moderate investigation mode ’,and is equipped with incentive measures and administrative enforcement as the backing.Environmental administrative law enforcement reconciliation in Germany adopts the ‘ exhaustive investigation model ’,focusing on prevention in advance and joint governance.The environmental administrative law enforcement reconciliation system in Chinese Taiwan takes Germany as the benchmark,but it has its own characteristics in ex post punishment and incentive measures.The sixth chapter mainly discusses how to systematically construct the reconciliation system of environmental administrative law enforcement in China.Through the classification of environmental administrative law enforcement reconciliation,different reconciliation review mechanisms are adopted.The review mechanism has three layers,the first layer is to stipulate the scope of accepting cases of environmental administrative law enforcement reconciliation;the second layer is the starting conditions for reviewing the reconciliation process of environmental administrative law enforcement;the third layer is the substantive review of reconciliation applications,namely the principle of proportionality on a case-by-case basis.At the same time,it discusses the main contents that need to be stipulated in the construction of the reconciliation system of environmental administrative law enforcement.