On Organization Legitimization Of Environmental Administration

In pursuit of economic benefits,human beings have carried out unlimited development of nature,which has caused serious damage to the ecological environment and threatened the stability and development of society.All those are performance of environmental injustice and ecological insecurity.The books-such as "Limits to Growth","Silent Spring" tells human beings properly handling the relationship between human beings,resources and the environment.In the field of environmental governance,government governance is the most basic and important part,we call it the meta-governance.The more serious ecological and environmental problems are becoming,the more complex environmental governance is becoming.It is necessary to strengthen government governance while paying attention to the environmental governance rights of other subjects.Under the guidance of the fundamental philosophy that "Mountains,Rivers,Forests,Lakes and Grass are a Community of Life" and "a Community of Shared Future for Mankind" of President Xi,in accordance with the decision and deployment of the Plan for Deepening the Institutional Reform of the Party and State,the Ministry of Ecology and Environment to was established to cover the overall arrangement and unified implementation of the tasks of the ecological environmental protection.It is consistent with the historical experience and modern needs of the reform of "giant department".It can be seen that the organizational structure and power content of environmental administrative departments have undergone major changes.In addition,whether the coordination mechanism across administrative regions for the joint prevention and control of environmental pollution and ecological disruption in key regions and valley areas stipulated in Environmental Protection Law of the People’s Republic of China(2014 Revision),or regulations about the environmental administrative departments involved in the Guiding Opinions of the Pilot Reform of the Vertical Management System for Monitoring,Supervision and Law Enforcement of Environmental Protection Institutions below the Province,it can be seen that the legitimization of restructuring institutions,powers and relationships between different the above is still important content that needs immediate and continuous attention to the current and future constitutional laws and regulations.Referring to Guiding Opinions on Building a Modern Environmental Governance System Issued by the General Office of the CPC Central Committee and the General Office of the State Council,a modern environmental governance system in which party committees will take the lead,governments will provide guidance,enterprises will assume the primary responsibilities,and social organizations and the public will jointly participate should be built.In the end,the ideas including Construction of Ecological Civilization and Construction of Beautiful China can be reached.The effectiveness of multiple subjects in the modern environmental co-governance system has been tested.Next,the legitimacy of multiple subjects should be dealt with,in order to resolve the essence of the "Chinese problem"of environmental governance-the legal problem of authoritative governance.The first part is the basic explanation of the organization legitimization of environmental administration.Environmental administration and environmental administrative organization belong to the basic concepts and categories of the environmental administrative organization law,and are also the structural basis for the environmental administrative organization law.Environmental administration can be described as a type with environmental administrative tasks as the core characteristic element.With the construction of the environmental co-governance system,the nature and functions of environmental administrative organizations both have been changed,which can be described as the modernity.It is for the changes in environmental administrative tasks At the same time,the normative types of environmental administrative organizations are all expanded,and environmental private subjects have become indispensable and necessary components.The second part is the origin and legal logic of the organization legitimization of environmental administration.Most of the environmental administrative institutions have experienced a radical or gradual development process from weak to strengthened,from decentralized to centralized,from simple management to comprehensive management,the same as the China’s.The origin has multiple dimensions such as practice and theory,domestic demand and external force.The new trend that the administrative organizational law has been oriented towards relevant task rather than strict regulations,the reality of the complex nature of the ecological environment problem itself,and the constructions of Modern Environmental Governance System can be concluded.Therefore,the values are determined as order,justice and efficiency after making a choice among the legal value system,in response to the basic value system of environmental law.The third part is the organizational dilemma of environmental administration and the aphasia of the rule of law.Corresponding to the previous article,the "true" problem of the structure of environmental administrative organization law involves not only the theory of law,but also the law itself,as well as the order of law.It can be roughly divided into three parts.First is the lack of subjectivity,including the lack of theoretical supply caused by the decline of the administrative organization laws,the lack of structure in practice caused by the silence of government responsibilities and private subject governance and the lack of certain statutory authorities for the coordinated organizations.Second is the lack of normativity.The administrative organization law system composed of the Constitution,the State Council Organic Law and the Local People’s Governments Organization Law leaves blank space for the legalization of environmental administrative organizations,whether it is in the establishment of institutions,the allocation of powers and even the arrangement of relationships,moreover,the environmental management law system does not pay enough attention to this.At the same time,the implementation of Intra-Party Regulations seems to be helpful but it could be in doubt of shocking the rule of law.Third is the lack of rationality.There are more or less shortcomings and flaws in organizational rationality related to the ecological rationality,technical rationality and legal rationality.The fourth part is a priori and reflection on the organic law of environmental administration.The five countries of France,Britain,the United States,Germany and Japan have all completed the transformation of the "giant government" following the doctrine of statutory administrative bureaucracy and the experience of "legislation before reform".As a master of organizational legalism,Japan has constructed an appropriate density of environmental administrative organization regulations-from generalization to concreteness,from sparse to dense,which can be called the "pyramid"of regulations,to achieve a static and dynamic structure of environmental administrative organizations.France,the United Kingdom and the United States found an approach to use the basic environmental law to perform the functions of the organic law,as a result,the scope of legal reservation or legal priority required by the principle of organizational statutory has also been expanded.In Germany,the constitution directly regulates the macroscopic structure of environmental administrative organizations.The fifth part is the legalization of the macro-level structure of environmental administrative organizations.It is important to construct theoretical basis to gain the systematization between institutional reform and organizational legitimization.Besides,it is necessary to anchor the character of the law with clear legal concepts,high-level legal purposes and comprehensive legal principles.Last but not least,the legislative pedigree should be subject to careful research and judgment,fully combining the existing structure of the environmental administrative organization law and appropriately conforming to the trend of the administrative organization law,and making rational choices that are timely,contextual,empirical and constructive.The sixth part is the legalization of the micro-level structure of environmental administrative organizations.The elements of people,organizations,relationships,etc.should all be embedded in the legalization of the environmental administrative organizations.In the scope of organizational law,the habitually problems talked about the administrative system of environmental protection should be resolved.What’s more,the appropriate attention needs to be given to the administration of private subjects in the field of environmental administration.In the end,a complete system of environmental administrative regulations should be reconstructed with the combination and functions of the regulation on the staffing administration regulations,civil servant laws,intra-party regulations and environmental laws.