Study On The Legal System Of Environmental Administrative Interviews

With the rapid progress and development of today’s society,the changing times also require that modern administrative organs should transform from traditional compulsory administrative law enforcement to modern public governance mode.The government should pay more attention to consultation,participation and cooperation in social governance.In addition,in recent years,the issue of ecological environment in our country is becoming more and more serious,and the tasks of the administrative authorities are arduous.On the one hand,it requires the implementation of environmental governance and protection responsibilities.On the other hand,it must also maintain its economic development.This puts forward new requirements on the way of environmental administrative law enforcement in our country.As an incidental informal administrative act,the environmental administrative interview is fit for the theoretical basis: the theory of risk society,balance of modern administrative law,and the theory of administrative contract.Because of its effective legal system,it has been actively promoted by the environmental protection departments all over China,making it a new type of environmental supervision.However,the status of China’s administrative legislation on environmental administration interviews is bleak.Interviews with the environment mainly exist in the departmental provisions and local administrative regulations.In addition,the contents of the regulations in all regions are not uniform in level and lack uniform standards.The regulations on the subjects,objects,modes,scopes,procedures and effects of interviews in different regions vary from place to place.The establishment of environmental administrative interviews in our country is still in its infancy.There exist some serious problems,such as vague concept of environmental administration,weak theoretical basis,insufficient legal basis,deviation of the design system,and unsmooth connection of other mechanisms.Therefore,this paper chooses this new legal system to study.First,it draws on the views of other scholars and then,with its own understanding,defines the legal concept of environmental administrative interviews and elaborates the theoretical basis of environmental administrative interviews.Secondly,it mainly introduces and evaluates the typical and referential environmental administrative interlocutory legal system such as "Cooperative Law Enforcement Model" in the United States,"Incentive Law Enforcement Act" in the United Kingdom,and "Pre-alternative Administrative Guidance in Pre-alternative" in Japan.Finally,the author puts forward some suggestions on the construction of China’s environmental administrative interlocutory system by integrating factors such as the actual situation in our country,the development of the administrative interlocutory system in our country and the practice basis of environmental administrative interviews.The concept of enriching the environment for administrative interviews is guided by the principle of "public benefit" and "prevention first" and "harm relief".In the form of legislation to clear the environment administrative appointment,legal basis,gradually perfect the system of environmental administrative interview content,the content of the start up conditions,interview for questioning refinement rules,execution and supervision mechanism.Finally strengthen the environmental administrative interviews and administrative penalties,administrative litigation convergence.