Research On The System Of Environmental Administrative Agency Performance

In recent years,the issues of ecological damage and environmental protection have become increasingly complex and diverse.The promulgation of Administrative Coercion Law of the People’s Republic of China,the amendment of the Environmental Protection Law,and the inclusion of ecological environmental damage liability in the Civil Code,which breaks through the traditional form of tort liability,all reflect the current emphasis on improving environmental governance effectiveness,enriching environmental law enforcement methods,and actively promoting the main objective of multi-subject and multi-path relief for ecological environmental damage.When the obligor cannot perform their environmental obligations,the environmental administrative compulsory execution system is established,where the administrative authority performs or entrusts a third party to perform the obligation on their behalf.This system has the advantages of fully leveraging the functions of administrative authorities,achieving high efficiency and high quality in completing environmental governance,and indirectly enforcing the timely restoration of ecological environmental damage,effectively safeguarding the public interests of the social environment,enhancing environmental governance capacity,and is often used by countries in environmental protection and ecological restoration.This article will take the environmental administrative agency system as a starting point,and explore the system from three aspects: the basic theory of the system,the difficulties and obstacles in practical operation,and suggestions for system improvement.The first chapter starts with the legislative status quo of environmental protection,environmental laws,and the administrative agency system,summarizes the institutional advantages of environmental administrative agency,the basic principles and characteristics that it should possess,and thus establishes a clear positioning and theoretical basis for the agency system.The second chapter mainly focuses on the challenges and obstacles faced by the environmental administrative agency system in practice,clarifies the relationship between agency and the restoration of the ecological environment in the field of civil law,and through judicial cases,details the conflicts between regulations,the problem of recovering agency costs,the lack of clarity in the determination and selection of agency procedures,the incomplete obligation to determine standards for the obligated party,and the further improvement of the notification process.In particular,it analyzes and compares different remedies for ecological damage,discovers the problems and summarizes the characteristics,advantages,and shortcomings based on a large amount of data from judicial practice.The final chapter puts forward targeted suggestions for improving China’s environmental administrative agency system,starting from five aspects: improving the guarantee system for environmental administrative agency fees,clarifying the qualifications and selection procedures of agency subjects,clarifying the legal relationships between environmental administrative agency subjects,establishing a unified notification and supervision procedure through the Environmental Protection Law,and exploring a suitable multi-path coexistence ecological environment damage relief model.The aim is to further improve and utilize the advantages of the system itself and contribute to the development of China’s environmental administrative agency system.