Construction Of The System Of Administrative Substitutive Performance On Environment In China

With the development of economy and society, the function of government is providing more services with public, society and people. The governance in environment is just a good example. The final goal of the environmental governance is not punishment, but use all ways for conservation and turning the environment better, in order to coordinate environment with economy and society. There are many methods for environmental governance. All over the world, it is popular in the environmental administration and the whole administration that, the indirect is better than the direct; the direct must be used after the indirect. Though Chinese environmental legislation contains some details about the substitutive performance, it is not specific, lacking of important statutes and the theories. All leads the substitutive performance not to be a real environment legal system.Begin with the basic theory, this article clarifies the concept, trait and character of the system. Use the studies on Administrative Cooperation, the Least Harm, PPP, Cost and Benefit to search for the foundation of the system's construction. The function of this system is showed by remedying the deadline government system, improving the efficiency of the environmental administration, promoting to fulfill the duty, embodying the priority of the Indirect, accelerating the development environmental industry. Through four parts this article introduces foreign legislations; those are ranges, conditions, procedures, and the legal responsibilities. In the contrast, China's legislation has some shortcomings in the unity of the legislation, the limitation of the range, unclearly conditions, lacking of procedures. In the construction of this system, foreign legislations must be absorbed in. Moreover, our nation's practice and legislation must be joined in. We should use Advance Gradually Legislation from the administrative law in the central authority to the bylaws in the location. In the specific designs, the centre problems are defined, such as the system's ranges, conditions, procedures, paying for the fee and the legal responsibilities.