Research On Administrative Order Relief Of Ecological Environment Damage

Ecological environmental damage refers to the damage to the environment itself and the function of the ecosystem caused by environmental pollution.In order to prevent and remedy ecological environmental damage,China has built a variety of relief methods,such as environmental public interest litigation,ecological environmental damage compensation litigation,administrative punishment relief and administrative order relief.Different from other relief methods,the administrative order belongs to the category of ex ante relief.It is an administrative decision made by the administrative department of ecological environment when there are signs that the ecological environment is about to be damaged or when ecological environmental damage has just occurred.It is conducive to the prevention of risks and damage and the prevention of the expansion of damage,and gives full play to the professionalism of administrative organs in the process of relieving ecological damage efficiency and flexibility.However,in practice,there have been problems such as "emphasizing justice and neglecting administration","emphasizing punishment and neglecting order",and the fuzzy boundary between environmental administrative order and environmental administrative punishment,which have led to the failure of administrative order to play its due role in the relief of ecological environment damage and achieve the purpose of timely relief of ecological environment damage.Therefore,this paper will study the administrative order relief of ecological environmental damage in China from the following aspects.First,it is the basic overview of the administrative order relief of ecological environmental damage.This part mainly introduces the basic knowledge of eco-environmental administrative order from the aspects of the definition of the concept of environmental administrative order,the difference between environmental administrative order and environmental administrative punishment,and the comparison between eco-environmental administrative order relief and other relief methods.At the same time,through analysis and comparison,it finds the advantage of giving priority to the application of administrative order relief to solve eco-environmental damage.Secondly,it introduces the current situation and problems of administrative order relief for ecological environment damage in China,and analyzes them from the perspectives of legislation,law enforcement and judicature,including the problems existing in the administrative order itself and the problems existing in the connection with other relief methods.Thirdly,it introduces the use of administrative orders to remedy ecological and environmental damage in foreign countries,mainly including the United States,the European Union,Germany and Japan.It is hoped to improve the provisions of environmental administrative orders in China by learning from relevant foreign legislation.Finally,in view of the above problems,this paper puts forward suggestions for improvement,including clarifying the relationship between environmental administrative orders and environmental administrative penalties,clarifying the legal procedures of environmental administrative orders,and realizing the effective integration of administrative order relief and environmental judicial relief.