On The Application Of Environmental Administrative Guidance

This article profits from the senior scholar's research, it pointed that the environmentaladministrative guidance is a unilateral environment administrative action, which the principalpart of the environment administration in the scope of responsibility, in order to realize someenvironment administration goal flexibly, but have to be agreed by the relative person. Onthis foundation, it analyzed the environmental administrative guidance has characteristics of,non-compulsorily, flexible and imbalance ect, it is one kind of special administrationlegal action.After the basic theory research, this article analyzed the necessity of utilizing theenvironmental administrative guidance positively in the process of the environmentadministration of our country. Pointed out the environmental administrative guidance was theinevitably request of the development of environment administration pattern, it was alsoessential regulative method to solve the environment question, and the effective way to realizethe sustainable development. However, because the long-term planned economy influence,the environmental administrative guidance has not been valued enough in our country, theflaw in the practice restricts it's development seriously. In view of this reality, the authorproposed the concrete suggestion which utilizes the environmental administrative guidance inour country:First, focuses to the validity of the environmental administrative guidance, we mustconsummate the basic conditions of utilizing environmental administrative guidance, raise thecitizen's environmental protection consciousness, maintain the government's authoritativeimage, improve the administrative relative person's legal status and establish perfectbenefit-induct mechanism. Especial the latter, as the core mechanism of environmentaladministrative guidance, the author takes it as the research key, has carried on thecomprehensive thorough analysis. Secondly because the environmental administrativeguidance has flexible characteristic, most of environmental administrative guidance does notneed to have the concrete legal rule. The environment administration principal part may needto make the nimble choice according to the concrete reality in the responsibility scope. It hasthe very big freedom to decide after deliberation. In order to guarantee the environmentaladministrative guidance is not abused, we must establish a series of basic principles. Finally,we must impetus the legal system construction of environmental administrative guidance.About the legal basis of environmental administrative guidance, the author persisted that because our country's environmental legislative work lag and the administration onenvironmental protection complicate day by day, the environmental legislation generally hasdifficulty to satisfy the need of reality develop. The environmental administrative guidanceoutside the law truly is necessary. However, the key is how it can be regulated effectively.This heavy responsibility naturally relies on the procedural law. The procedure rules andregulations about environmental administrative guidance should guarantee the relativeperson's right to know and participate and not destroy its flexible characteristic. Besides, thelegal relief, includes the relief condition, relief scope, and relief form, also is the importantcontent of legal system construction of environmental administrative guidance.