Font Size: a A A

On The Environment Administration Act System Of Administrative Supervision

Posted on:2012-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiFull Text:PDF
GTID:2166330335957966Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental administration not as an illegal administrative act, not as different from the general administration, environmental damage it causes and hidden potential, environmental administration is not only upset the country as the normal order of supervision and management of the environment, will also lead to suffered irreversible environmental safety hazards, damage to the environment survive the public interest. To remedy this lawlessness and control of environmental common law and the important task of administrative law.Control theory under the administrative action, at present, not as a constraint on the executive control of the main organs of power system supervision, judicial supervision and assistance, within the executive oversight and administration of public participation in environmental monitoring. Path to achieve the organic combination of various supervisory force can be achieved under the state environmental administration is not as effective containment.According to environmental laws and the basic concept of risk prevention, with the destruction of the natural environment is easy, damage control is difficult, if not impossible to reverse the environmental damage and the characteristics of strong potential, coupled with environmental administration has a high degree of professionalism, policy, and hidden features. This article explores the depth and power of administrative supervision and judicial oversight in monitoring the legal value, operability and supervision of all aspects of cost differences, then come to the system of administrative supervision with the following advantages: administrative law and their own misconduct found a direct and timely , flexible and efficient supervision, policies, and strong cost control optimal orientation. Prevention and control of administrative supervision of the environmental administration is not as important to play an irreplaceable role, while administrative supervision system is self-monitoring, rule of law is not in line with modern principles of independence and avoidance, there are many shortcomings. Thus improve the administrative supervision system, will be the full path of the other great driving force oversight role, to realizing their combination to construct the control environment as a unified system of administration is not.Then the article discusses the environmental administration of the specific content of the supervision system, the environment of administrative oversight within the executive level including supervision and specialized supervision. One of the chief executive level oversight is the environmental authorities according to the administrative relationship, between higher and lower levels in the administration, ex same level between the direct supervision of the administrative review system and the environment. Specifically refers to environmental monitoring system of administrative supervision. A comprehensive grasp of the current legal system and based on the theory, the author analyzed and discussed the system of administrative supervision of the environment of the deficiencies in the system, and the corresponding views of the system to build and improve.I hope that through this discussion, to the effect of better ideas, attract more attention from scholars of environmental law scholars, in the environment as an executive administrative supervision system is not more depth and extensive field of study, thereby enhancing the supervision and management of environmental administration level, and finally to improve the efficiency and level of environmental law enforcement purposes, the real work into the environmental standards and procedures, track of the rule of law, promote the field of environmental protection administration, and more conducive to China's sustainable development.
Keywords/Search Tags:Environmental administrative omission, Executive-level oversight, Administrative review, Administrative Supervision
PDF Full Text Request
Related items