Due Process And Environmental Administrative Hearing System

Environmental administrative hearing system is a system under which hearing procedure is applicable to environmental law. In China, environmental administrative hearing system starts late, develops slowly, and its legislation and enforcement is imperfect. Considering the important role hearing system plays in environmental law, law experts begin to increasingly concern about the the system of environmental administrative hearings and its improvement. Through investigating the origin of the hearing system in the United States -due process, I try to explore the role of hearing system in improving our environment administrative law, and analyze the defect of our environmental administrative hearing. Finally, I put forward my suggestions to improve the system programme.The thesis includes four parts. Part One mainly introduces the origin and development of "due process".Part two introduces the relationship between "due process" and environmental administrative hearing system, analyzes the soul of "due process" and the legislation of environmental administrative hearing of the U.S.A which is influenced by the "due process", and discusses the articles and characteristics of environmental administrative hearing of the U.S.A. Many of the articles are quite reasonable and play an important role in hearing, which can be adopted by our legislation.Part three introduces the legislation and application of environmental administrative hearing in our country which have some defects and prevent the development of our hearing system.Part four discusses the aspects of "due process" of the U.S.A which can be learned by our legislation. These aspects will play an importantpart in perfecting legislation and application of our hearing system, and bring hearing system into full play in the environment area.