Study On Thelaw Enforcement Of Noncompulsory Environmental Administration

Environmental Administration plays an important role in environmental protection. Environmental Administration can be divided into the law enforcement of compulsory environmental administration and the law enforcement of noncompulsory environmental administration. Undeniably, The law enforcement of compulsory environmental administration plays an important role in environmental protection, but, people are increasingly being questioned and opposed the law enforcement of compulsory environmental administration. Costly, inefficient and ignores the relative interests, stifle innovation motive, violate human rights, and so on. Those allow us to think about whether it should change the law enforcement of compulsory environmental administration to the law enforcement of noncompulsory environmental administration.As the reform and the development of public administration, and the service administration has been deeply rooted in our system. Contract of environmental administration, guidance of environmental administration, reward of environmental administration have also been widespread concern and application in our life, successful experience in abroad is not only worth learning, but also give us experience. In 1970s, our country had begun to use the law enforcement of noncompulsory environmental administration, but as our traditional ideas, the law enforcement of noncompulsory environmental administration has not been widely used. Now, The law enforcement of noncompulsory environmental administration has been widely researched in every university, economic analysis of law, comprehensive jurisprudence, the concept of right standard, the proposition of balance theory, and the concept of environmental law,those theory provide a broad theoretical basis. But, due to our theory, the law enforcement of noncompulsory environmental administration has many questions, such as the basis of the law enforcement of noncompulsory environmental administration is universally insufficient, the content is vague, the operation procedure is insufficiently open and transparent, the remedy and supervision is always weak.To resolve these problems, we must from macroscopicol and microcosmic measure, and need to change our concept.In macroscopicol measure, the law enforcement of noncompulsory environmental administration need to abide by performing official duties according to law, proportion principle,honest credit principle, equal treatment principle, and so on; in principle of procedure, the law enforcement of noncompulsory environmental administration need to follow the principle of justification, the hearing of law enforcement, law enforcement avoid principle; the law enforcement of noncompulsory environmental administration also need to perfect administration reconsideration system, perfect administration lawsuit system, perfect administration reparation system, perfect administration back-off system.In microcosmic measure, the law enforcement of noncompulsory environmental administration can not divide the law enforcement of compulsory environmental administration, except urgent environmental problems or otherwise provided by law, the law enforcement of noncompulsory environmental administration may use all environmental protection. They can complement each other, we should use more the law enforcement of noncompulsory environmental administration, and prudent use of the law enforcement of compulsory environmental administration. Main body of the noncompulsory means of environmental administration, as environmental administration system in China has not been significant reforms, now,the environmental protection executive can use the law enforcement of noncompulsory environmental administration. In construction of the counterpart, confirm the private party rejection right, so, they can refuse to the noncompulsory means of environmental administration, even if is legitimate and reasonable.