A Study Of The Effectiveness Of Environmental Administration Interview In China

In the context of comprehensively promoting the rule of law,the administrative acts involved in modern administrative law have begun to change from the traditional high-power administration to the diversified governance mode.And the government’s significant role in social governance has also changed to participation and consultation.The continuous development of artificial capital has intensified the contradiction between it and natural capital.Ecological environmental issues have become an important part of social governance.As an important means of governance,environmental administrative interviews have promoted the deep reform of environmental administrative law enforcement methods and governance models.As a new type of flexible administrative act,its effectiveness is difficult to be realized because of its weak theoretical foundation,lack of multi-level legal supply in legislation,and lack of system and procedure regulation.In order to analyze the effectiveness essence of environmental administrative interview,this paper starts with "two qualitative state theory" and "three effectiveness theory" to explain the effectiveness of environmental administrative interview.At the same time,this paper comprehensively analyzes the legislative situation of environmental administrative interviews in China,and takes Shandong Province as an analysis sample to deeply explore the legislative status of environmental administrative interview.Combined with the analysis of the "cooperative" law enforcement model in the United States and the "alternative prior administrative guidance" in Japan,this paper explores the characteristics and patterns of the relevant flexible administrative acts outside the region.Then it clarifies the causes of the difficult problem of environmental administrative effectiveness in China,and draws the conclusion that on the basis of the traditional administrative law methodology dominated by the theory of form of administrative action.It introduces multiple methodologies,such as the theory of administrative process and the theory of social interests,aiming to strengthen the basic theoretical support research of environmental administrative interview.Clarify the applicable principles of environmental interviews and strengthen the supply of multi-level legislation;To improve the program design of environmental administration interview before,during and after,in order to solve the problem of effectiveness and realize the construction of environmental administration under the rule of law.In addition to the introduction,this paper is divided into five chapters:The first chapter is an overview of the effectiveness of environmental administration interview.This chapter starts with the connotation,characteristics and legal attributes of the environmental administrative interview,and then innovatively explains the effectiveness of the environmental administrative interview from the perspective of "two qualitative state theory" and "three effectiveness theory".The second chapter is the practical and theoretical basis of the effectiveness of environmental administrative interview.The practical basis is mainly embodied in three aspects: the serious environmental problem,the need of updating law enforcement means and the requirement of the construction of administrative rule of law.At the same time,the theoretical foundation of the environmental administrative interview is analyzed from multiple angles.The third chapter is the model of environmental administrative law enforcement outside the region and its enlightenment to the effectiveness of environmental administrative interview in China.Through the analysis of the flexible administrative behavior of the "cooperative" law enforcement mode in the United States and the "alternative prior administrative guidance" in Japan,this chapter explores the characteristics and modes of the relevant flexible administrative law enforcement modes outside the region,and then provides reference for the effectiveness of the negotiation in China.The fourth chapter is the effectiveness problems of environmental administrative interviews in China.This chapter starts with the analysis of the legislative status quo of legal documents and normative documents,combined with the performance of the effectiveness problems,and clarifies the reasons for the effectiveness problems of environmental administrative interviews from the theoretical,legislative and practical levels.The fifth chapter is the countermeasure to solve the problem of the effectiveness of environmental administration interview.This paper mainly puts forward the perfect countermeasures to ensure the effectiveness of environmental administrative interview from three aspects: strengthening the basic theoretical support research of environmental administrative interview,strengthening the supply of multi-level legislation,and perfecting the program design.