Research On The Dilemma And Measures Of Environmental Administrative Order System

In 2004,the Supreme People’s Court issued the “Notice on Regulating the Causes of Administrative Cases”,in which administrative orders were listed as an administrative act alongside administrative penalties,administrative coercion,administrative rulings,etc.This document is a formal confirmation of administrative orders.Regulations such as the“Regulations on the Hearing Procedure for Environmental Administrative Penalties” in2010 and the “Notice of the General Office of the State Council on Strengthening Environmental Supervision and Law Enforcement” in 2014 provide for the procedure of administrative orders.Article 12 of the 2010 Measures for Environmental Administrative Punishments adopts the mainstream “administrative order theory”,which characterizes the ordering of correction of environmental violations.The eight specific forms of environmental administrative orders have been determined.From this,it can be seen that since 2004,with the introduction of legal documents,the system of environmental administrative orders has achieved a certain degree of development in both entity and procedure.The natural governance and emergency functions of administrative orders determine that environmental administrative orders have advantages such as professionalism and timeliness in relieving ecological environmental damage.However,in practice,the role that environmental administrative orders should play has not been fully utilized,due to the existence of many problems in theory,system,and practice.Specifically,at the theoretical level,there are issues such as uncertainty in the concept of environmental administrative orders,confusion between environmental administrative orders and environmental administrative penalties,and inconsistent classification of environmental administrative order types;At the institutional level,there are problems of fragmentation of environmental administrative order norms and imperfect institutional structure;At the practical level,there are issues with non-standard expression of environmental administrative orders,arbitrary application procedures,vague relief channels,and poor connection with other relief methods.In order to fully leverage the governance and emergency functions of environmental administrative orders and demonstrate their professional and timely advantages in ecological environmental damage relief,this article examines and studies the problems existing in the theory,system,and practice of environmental administrative orders,and proposes targeted improvement suggestions.Specifically,at the theoretical level,the legal concept of environmental administrative order is determined,and it is clear that environmental administrative order is a declaration of will made by environmental administrative organs;Clarify the boundary between environmental administrative orders and environmental administrative penalties based on their nature and function;Divide the types of environmental administrative orders into preventive environmental administrative orders and remedial environmental administrative orders.At the institutional level,it is proposed to improve the substantive system of environmental administrative orders from three aspects: the subject,the object of application,and the specific content,as well as the procedural system from two aspects: general procedures and proof standards.At the practical level,suggestions are proposed to standardize the expression form of environmental administrative orders,standardize the application of procedures,clarify the relief channels of environmental administrative orders,and improve the connection between environmental administrative orders and other relief methods.On the basis of improving the theory,system and practice,and aiming at the current problem of fragmentation of environmental administrative order norms,this paper puts forward the legislative concept of environmental administrative order.Specifically,in the short term,we can adopt the mode of amending the Environmental Protection Law,various environmental separate laws and formulating the Implementation Measures for Environmental Administrative Orders to regulate environmental administrative orders.In the long term,we should adopt the legislative mode of codification of the environmental administrative order system,and design specific provisions from the four aspects of principles,entities,procedures and supporting systems of environmental administrative orders.