Research On Legal Issues Of Administrative Assistance In Ecological And Environmental Protectio

As an innovative means of making up for the shortcomings of administrative subjects’ powers,the administrative assistance system not only helps to strengthen the links between administrative subjects and integrate the fragmented resources brought about by the division of administrative powers,but also saves administrative costs and improves administrative efficiency.Specifically in the field of ecological environmental protection,which is a multi-factor organism with obvious overall characteristics,China’s current management system adopts a model of "unified supervision" and "sub-departmental supervision".However,the differences in the competencies of the various departments have led to protectionism,and the inherent weaknesses of the administrative hierarchy have led to a lack of coordination in the specific areas in which the government performs its ecological protection functions.As a result,it is difficult to achieve comprehensive governance of environmental issues across regional solutions in a system of administrative divisions that exercise their functions separately and lack external links.In practice,much of the cooperation between government departments in environmental protection is a form of teamwork and interpersonal cooperation to solve a pressing environmental problem,with little or no strong administrative procedures to carry out this protective function.As an administrative procedure,administrative assistance in administrative law can coordinate horizontal administrative assistance relationships,perform the function and role of integrating administrative resources,and bring together uncoordinated and uncooperative government tasks to provide a smooth and efficient way for government departments to cooperate in carrying out environmental management and protection.In order to promote the long-term sustainability and stability of inter-governmental cooperation in environmental protection,and to effectively implement environmental protection in practice,it is necessary to systematise and analyse the administrative assistance system,so as to better coordinate the allocation of power between government departments in dealing with ecological and environmental protection matters,and to achieve the sharing of resources and mutual assistance in technology.In the light of the existing laws on administrative assistance in China and the actual legal development,it can be concluded that the administrative assistance system in China mainly lacks a unified administrative procedure law,and the relevant specific provisions are simply stipulated in various individual laws and regulations.The current environmental protection law does not provide for the administrative assistance system in principle,lacking macroscopic guidance;the lack of specific procedures is not conducive to the good and orderly development of environmental protection work in practice;the lack of clarity in the applicable circumstances,resulting in the application of the administrative assistance system is vague;the attribution of responsibility and relief mechanism is not perfect,unable to clearly define the responsibility between administrative subjects and maximize the protection of the legitimate interests of the counterparts.Therefore,on the basis of complying with the theory of administrative integration and the theory of government cooperation,a high-level administrative assistance system should be formulated and a unified administrative procedure law should be established to play its guiding role;specific procedures should be improved,including all aspects of the administrative assistance system should be clearly stipulated;the circumstances of its application should be clarified and the conditions of application of the administrative assistance system should be set scientifically;the mechanism of attribution of responsibility should be improved and further refined into internal and external responsibility mechanisms,so as to provide a clear definition for the administrative assistance system.By improving the mechanism of attribution of responsibility and further refining it into internal and external responsibility mechanisms,it provides certain theoretical support for the construction of the administrative assistance system.