The Discussion Of Environmental Administrative Hearing Procedure

Environmental administrative hearing procedure, as the kernel content of the environmental administrative procedure law, is the legal procedure which promotes the environmental administrative main body to use the power righteously, and it is the one and only important law for relative persons to protect their legal rights and realize the goal of environmental administrative management. The hearing procedural law of China was developed late, and it was established for the first time in a《dministrative penalty law》until 1996. Now it has many defects in the theory and practice. In order to perfect the environmental administrative hearing procedure and promote the legal environmental administration, this paper detailedly introduced and analyzed the environmental administrative hearing procedure, and systemic discussed such questions as the value, law stipulate, application ranges, application in practice, advice and countermeasure of the environmental administrative hearing procedure.This paper begins with the basic theory of the environmental administrative hearing procedure, and brings forward the conception, specialty and important meaning of the environmental administrative hearing procedure. And analyses that suitable environmental administrative hearing procedure has the inside value of justice, efficiency, attending. And has the outside value of protecting the environmental administrative relative persons' legal rights, normalizing and controlling environmental administrative power, has the special value of assorting with behalf confliction and balancing the relation between generations, realizing the continuous development. In the application ranges part of hearing procedure, detailedly introduces the questions about the law stipulate, practice application and analysis on exist problems of environmental administrative hearing procedure in China. Stressfully introduces that there are some questions about environmental administrative hearing procedure such as too narrow application ranges, the law consciousness shortage of the administrative main body, standardization and operation lack of hearing procedure. So gives prominence to discuss the advice and countermeasure for perfecting the environmental administrative hearing procedure. And discusses such problems step by step as fast developing hearing procedure law system and stressing the idea of hearing procedure, solving the questions of hearing procedure. To perfect the hearing procedure law system, bring hearing procedure into environmental administrative legislation, abstractadministrative action and material administrative action area, harmonize environment legislation and executing. Strengthen the advice and countermeasure for environmental administrative judicial administration function.To develop and perfect the environmental administrative hearing procedure by law, we must take it as the core that the rights and interests of relative persons must be ensured in procedure. So we can realize the justness, reflect the meaning and value of the hearing procedure.