Analysis On Establishing Of Environmental Administrative Permits

The administrative permits are the administrative behaviors that depending on the relative people's application the administrative subjects give the relative people's the certain right or qualification in accordance with the law. The system of environmental administrative permits is the legal system that before pursuing the activities which are maleficent to or possibly are harmful to the environment, the applicants ought to give the related administrative department some applications and carry on some activities after being issued the licenses through examination and sanction. It is not only the significant mean by which the environmental management departments carry through the supervision and management about environmental protection, but also the legal manner by which relative people of the administration can get the related rights and the legal mean by which the related obligations are validated. Adopting the system of environmental administrative permits can bring all kinds of activities which are maleficent to or possibly are harmful to the environment into the national unified administration and can strictly control it in the range that the nation stipulates. It helps to not only examine in advance various kinds of activities about the utilization of the environment, but also control the activities in process and get relief afterwards. The system of environmental administrative permits has some characteristics as follow: public welfare and public administration, restricting in advance, exempting and relieving the limitation, justness and openness, limitation of permits quantity.The establishing right of the environmental administrative permits is a kind of legislative power. Because there is some difficulty in the current theory of environmental law science and the support of related superior legal adjustment mechanisms and basic principles lacks, the fields, ranges, manners and purposes in which the power uses lack abundant academic and practical study at present. After "The administrative permits law of the People's Republic of China" has been promulgated, the current environmental administrative permits confront double interrogations from its external adjustment and inside reconstruction. Under the kind of backgrounds, furthermore on basis of studying the content, characteristics, nature,functions and the range, qualification, standard of the application, especiallyregarding the legal system of market management on eco-control as example and having analyzed practically the question of the cooperation of the system of environmental administrative permits and other legal systems, the article has studied the basic academic theory of the establishing of the environmental administrative permits, probed into the defaults of current establishing of the environmental administrative permits, therefore put forward the general principles of the establishing of the environmental administrative permits, investigated a series of academic and practical questions, such as reconstructing the content of the establishing of the environmental administrative permits.