A Studay On Environmental Administrative Procedure Law

It is thought by the western jurists that the history of liberty is basically a history of pursuing procedural guarantee. Therefore, the administrative procedure is much emphasized by the western legal tradition. So far, there are sixty-four countries in the world having promulgated the special administrative procedural code. The significant effect of administrative procedural law on speeding up the construction of democratic politics, guaranteeing the rights of citizens, stopping the corrupt of power, raising administrative efficiency, promoting reform and opening to the outside world is becoming more and more evident. But none of the countries has formulated environmental administrative law. The environmental administrative procedure has its particularities: It tends to be connected with science and technology; To protect environment is to make policy on the unknown, which risks great dangers; the environmental protection covers wide range, thus every environmental administrative policy or action will influence the benefits of all sides which may result in the difficulty or delay of environmental administration; In environmental protection, the equality between generations must be considered because many results of the policies can not be resumed; The environmental protection enforcement has specialties. All these particularities decide that if the legislation of special procedure is possible, it will be largely ensured that the activities of environmental administration can be completed scientifically, rationally and efficiently. At the present stage, our country has basically formed a relatively complete system of environmental law. But environmental ruling by law requires not only to provide regulations and criteria, but also to actually enforce them. Meanwhile, the characteristics and difficulties of the environmental administration decide that it is necessary for the environmental administration to enforce legitimate legal procedure. The unified environmental administrative procedural code can better standardize the exercising of administrative authority over the administrative subject, control the abuse of administrative authority, raising the legal consciousness of relative person, thus better protect the rights and benefits of a relative person, and ensure the environmental rights of citizen not to be infringe. This dissertation, in the trend of administrative procedure code codification in the world, concerning our country's presence of environmental legislative construction, proposes to formulate environmental administrative law, and makes a systematic study of its implication, legislative idea, and target model. According to its characteristics, the dissertation analyzes and induces the basic principles which are appropriate for its development and lists the main environmental administrative procedures. To change our country's presence of "Emphasizing substance, understating procedure", the dissertation suggests to shift the focus of environmental legislative construction to the enforcement of environmental protection legal rules and regulations, which is a breakthrough in the field of environmental administrative procedure.