A Study On The Environmental Administrative Hearing System

Since the Industrial Revolution, with the great progress of science and technology and the abrupt increasement of population, people's demand for environmental resource has become more and more urgent, which results in the reducement of environmental resource and the spread of the waste water and waste gas into human living environment. The waste disturbs the balance of natural dissolution ability and lowers the standard of our living environment daily. In order to maintain a healthy earth for human and our descendants and after the publication made by Smith, The Philosophy of Civilization: Culture and Ethics. In practice, in the spirit of humanism, the governments of different countries consecutively carry out different measures to protect environment from different aspects, such as law, administration, economy, etc. With regard to the particularity of environment (it couldn't be replaced by objects or money.), environmental administrative hearing system is a kind of comparatively effective protective measure. It could not only motivate the public to protect their own environmental right, it could also reach the purpose-to protect the environment. At the same time, to improve the public's consciousness of participation embodies democracy.Combined with the establishment and development of Chinese hearing system, with regard to the establishment, development and improvement of foreign hearing system, this paper analyzes the shortcoming of Chinese environmental administrative hearing system. The later parts of this paper discusses the basis of environmental administrative hearing system-the proposal, content and feature of environmental right and puts forward some requirements with respect to the content and feature of environmental right and the design of environmental administrative hearting. The last part of this paper makes some proposals about improving Chinese environmental administrative hearing system with regard to its shortcomings and its requirements of design. These proposals focus on the extensiveness of the owners of environmental rights, the value of the objects of environmental rights and the design of the representative policy of environmental administrative hearing. In conclusion, this paper makes some new research into resolving the contradiction between administrative efficiency and democracy with the reference of group lawsuitrepresentative policy.