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The Legal Regulate Of The Environment Administrative Omission

Posted on:2016-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:C PengFull Text:PDF
GTID:2296330461952913Subject:Constitution and Administrative Law
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Although the mass media always attract the public view into the industrial pollution and the economic development issues, but one of the main reason about the environmental problems due to the government behavior.The high pollution of the enterprises is difficult to cure in a certain period,but the pollution emissions can be controlled by the administrative measures.To control the pollution is not lack of the science and technology in our country,the main reason is lack of the feasible legal regulation system.Enacted laws are not strictly abide by,and there is no standardized connection between the laws,all these lead to the laws difficult to comply with. The law can make the environment administrative act to be reasonable and orderly, but the environment administrative omission has not prescribed in legal disciplinary action.So a lot of environmental administrative omission phenomenon not only get no proper judicial relief,but has ignored by the interested parties.Only to realize the existence and harm of the environmental administrative omission,then can solve the problem of it by legislation,law enforcement and judicial in the best efforts.Now we have a system of legal norms about environmental protection and the administrative behavior, all the laws,regulations, rules and files about environment are follow the principle of protecting the environment. Administrative behavior has also been prescribed in the law of specific administrative act,such as administrative licensing and administrative punishment.But the content of the principle is too abstract,so make the accurate positioning and protection of the environmental right couldn’t match the pace of the pollution of the environment. The operational specification is also too specific,so make a lot of abstract administrative action what has a major impact can’t receive the real regulation.It is very important to perfecting the law system of environmental administrative. Perfecting the environmental administrative relief way needs the legislation and law enforcement. It is word to integrate all aspects of the environmental protection law content. Focus on building the environmental administrative legal system what is good for circular development.This dissertation make the pollution of the eastern coastal provinces and cities as breakthrough point. Analyzing the environmental administrative subject’s administrative omission through the phenomenon of prefecture-level city especially the city named Tai’an. Then summarizes the forms of the environmental administrative omission, and strengthen the understanding of the concept. This dissertation focuses on analyzing the reasons of environment administrative omission through the legal and administrative. Theenvironmental administrative omission is an administrative problem in the environmental elements,so we need the view both of environmental law and administrative law to analyze and solve this problem. In addition, it detailed expounds the harm of environmental administrative omission.And this is not only the causes of this dissertation,but also the focus of the public which I want them to know.Only realizing the present situation and the future damage of environment administrative omission,then we can find the right way to avoid this problem.Consummating the legal regulation system,pay attention to the control means that before or after the environment administrative omission happened.To analysis the condition of the legal regulation system of the environment administrative omission,and try to give the legislation and law enforcement activities some useful word. Finding the way to make administrative litigation and administrative reconsideration more valuable.To strengthen the environmental administrative supervision and the administrative compensation remedy,then the whole legal regulation system of environment administrative omission will be realized.
Keywords/Search Tags:Environmental Administrative Omission, Administrative Responsibility, Legal Regulation System
PDF Full Text Request
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