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Study On The Administrative Inaction Relating To Environment

Posted on:2012-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:W J LinFull Text:PDF
GTID:2166330332997831Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, because of the frequent occurrence of major environmental accidents, the environmental situation is very grim. New environmental problems are emerging while long-term ones are not solved, even in some areas, the environmental pollution and ecological deterioration has reached a serious level. However, the environment problems have become the focus by the absence of the administrative function of the government department. The Fifth Plenary Conference of Sixteenth Central Committee of the CPC and the Fourth Session of the Tenth National People's Congress brought forward that, the implement of the scientific concept of development and the acceleration of the construction of environment-friendly society should be considered as the meeting spirit and the environment protection should be considered as the basic national policy of our country. However, the nature of environment problems needs the actively act of national environmental administrative departments, so as the subject of obligation, relative administrative departments should implement the obligation of environment protection. And the environment administrative inaction became the focal point of the society. Meanwhile, the environmental administrative inaction is very harmful, but concealed by objective. Therefore, it is necessary to pay attention to China's environmental administrative inaction and improve relevant systems theory, regulate administrative behavior of environmental supervision to better promote the field of environmental protection administration, and meet the needs of current environmental practices and achieve sustainability development.This paper is divided into three parts:The first part mainly discusses the environmental administrative inaction, from theoretical perspective, this part elaborates the basic theory of the environmental administrative inaction and make a clear definition to the concept, feathers of the environmental administrative inaction. Meanwhile, this part starts with the constitutive requirements of the environmental administrative inaction, and gradually discusses its classification and harm, then make a better understanding of the basic conception of the environmental administrative inaction and correctly distinguish it from other administrative violations.The second part is a brief discussion of the environmental administrative inaction, it mainly expresses some major causes of this phenomenon, such as the over pursuit of economic efficiency of the government and cooperation, the absence of the administrative functions of government environmental management, the imperfect of primary law enforcement and the environmental administrative inaction. And all of these expect that it will deepen the understanding of environmental administrative inaction from the essence and put forward countermeasures in time.The last part is the legal construction concept of improving China's environmental administrative inaction, including the establishment of the Environmental Protection Agency, the strengthening of environmental administrative authority, promote active public participation in environmental management and improve the environmental lawsuit. Meanwhile, this part makes a comprehensive analysis on the existing problems of the environmental administration related to the China's actual situation, and proposes solutions which are targeted to improve the environmental administration and supervision, and make administrative subject carry their responsibility and implement their legal obligation environmental administration to stop the occurrence of the environmental administrative inaction and improve the environmental situation in order to achieve harmonious development between mankind and nature.
Keywords/Search Tags:Environmental Administrative Action, Environmental Administrative Inaction, Environmental Administration, Public Interest Litigation
PDF Full Text Request
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