Research On Standard Of Environmental Administrative Discretion

In essence,the environmental administrative discretion standard is still the administrative discretion standard.As an administrative discretion standard,it is a standard for administrative discretion,which is refined and divided through scenarios within the space reserved by legal norms and superior administrative normative documents And other methods to specify the legal norms so that the discretion can be used reasonably.In terms of nature,the basis of administrative discretion comes from the need for administrative self-control.It is a means of administrative self-control and belongs to internal supervision.Therefore,the effectiveness of the basis of administrative discretion is different from the effect of law,Although the dynamic discretion will have binding power on the administrative counterpart,this binding power is not brought by the discretion benchmark,but based on the discretion right itself.The administrative discretion standard system born on the demand of administrative law enforcement and self-control has experienced many years of development,and the discussion and practice on theory and practice have become a system.In practice,the basis of administrative discretion mainly uses administrative normative documents as the carrier,and the scope of the formulation of administrative normative documents is wide.Of course,the most important thing is the administrative organ.The administrative organ formulates the normative documents legally and in compliance with the needs of administrative management.It is because most of the administrative discretionary standards are presented in the form of administrative normative documents,so the content and construction techniques of the discretionary standard text can be glimpsed in the management of administrative normative documents.The composition of the environmental administrative discretion standard system is not simply regularized by the experience summary of the grassroots administrative law enforcement departments.It is necessary to consider the control technology of the standard,the formulation of program design and content issues.There are points inthe existing discretion standard control technology.Grid technology,context refinement,mathematical formulas,interpretation,enumeration considerations,etc.The most commonly used control techniques are grid technology and context refinement.Special consideration should also be given to the formulation of the design of the program level,the level of authority of the main body of the formulation,the public participation in the formulation process and so on.In terms of content,not all administrative matters can be prescribed in the form of standards,and many matters can only be confirmed in the form of laws and regulations.The environmental administrative discretion standard has the attributes,basic composition and limitations of the discretion standard.But as a kind of administrative discretion standard,environmental administrative discretion standard has its particularity and unique problems in practice.This is brought about by the characteristics of the environmental law itself.When the environment is damaged and impacted,environmental governance is carried out.With the development of human society,the harmonious coexistence between man and nature has caused environmental pollution,Attempts to remedy problems such as ecological damage in order to restore the original state.As the name implies,it is a kind of management and governance of the ecological environment.Environmental governance in a broad sense is equivalent to ecological governance.In the process of governance,it involves multiple subjects such as the national machine market and citizens.The application of administrative discretion standards in the environmental field should be integrated with the characteristics of environmental governance as much as possible to understand environmental issues.Up to now,under the new social background and natural environmental conditions,it has put forward new requirements and challenges to the development of the administrative discretion standard system.During the application of the standard,the executive counter party is at risk because the executor does not strictly follow the discretion standard rules.,Resulting in a discussion about whether the administrative discretion standard must be strictly followed.And the standard is mainly concentrated in the field of administrative punishment.There is relatively little discussion and practice in areas such as administrative licensing and administrative coercion.The question of how to formulate standards for administrative discretion in other fields may become a new challenge.Environmental discretionary standards not only have common problems,because the attitudes and ways of dealing with the environment inthe environmental law have put forward new requirements,environmental governance has changed from the previous government-controlled model to a comprehensive governance model that attaches importance to the participation of social forces.Changes affect the concept and content of administrative discretion standard in environmental governance.Environmental law requires multiple parties to participate in joint governance.There are conflicting points in the nature of joint participation and administrative discretion.The former requires the opening of the process,and the latter as a self-control means is a relatively closed state in the formulation process.The conflict makes the connection between the two systems not very smooth.In order to solve the above conflicts and problems,the principles of environmental law need to be introduced and supplemented.The principles of protection priority,public participation,and liability for damage in environmental law all need to be introduced and added to it.As far as protection priority is concerned,it becomes a value orientation when the standard is applied,which can provide principled guidance for executors and make the most in line with environmental interests select.The introduction of public participation means that the public needs to participate in the formulation process,explain their wishes and suggestions,and reflect them in the content of the standard,which not only reflects the public interest needs,but also facilitates the smooth implementation of the standard.The principle of liability for damage requires the administrative organ to strictly control the degree of environmental violations in the process of applying the standard.The renewal and progress of the administrative discretion standard system in the environment is the continuous search of problems in the combination of the two domain theories in the process of solving problems to promote the long-term process of integration.