A Study On The Basic Ideas Of The Environmental Administrative Law

The main intention of this essay is to probe the question of the basic ideas of the environmental administrative law. At first, the author introduced the emergence and development backgrounds and courses of environmental administrative law, and gave a scientific definition to the basic idea of the environmental administrative law. The author think the basic idea of the environmental administrative law is a generalization and abstract to the basic functions of the environmental administrative law and value goal, it reflects the essence and developmental rule of the environmental administrative law , and it is used to guide the environmental administration legal construction and the study of the environmental administrative law science, it have whole and comprehensive characteristics. And then in the essay the author analyzed the shortcomings of the ideas of the traditional administrative law when it face the environmental problems, on this basis, through analyzing the adjustment target of the environmental administrative law, the author think the environmental administrative law adjust two kinds of relations , the relation between human beings and nature and the relation between the environmental administrative organs and the oppisite persons to the adminitration. On this basis, the author proposed that the basic ideas of environmental administrative law includes the purpose idea and tool idea, among them the purpose idea of the environmental administrative law should realize harmony between human beings and nature, the tool idea of the environmental administrative law should control the environmental administrative power of the government, then realize the target of the administration according to law. In the end of the essay, the author put forward how to perfect our country's environmental administrative law under the guidance of basic ideas of the environmental administrative law. It includes two parts: to perfect the basic principles of the environmental administrative law and to perfect the mechanism of controlling the government's power. Under the guidance of the basic ideas of the environmental administrative law, the environmental administrative law should add two priciples: the public participation principle and the principle of following the ecological rugular. The public participation principle demands to confirm and perfect the public's right of being in know, the right to participate in the administrative law enforcement and the right to participate in environmental administrative legislation. The principle of following the ecological rugular demands that we should use ecological rugular to conduct the environmental administrative legislation, accroding to the ecological rugular to confirm the powers of the government and to weigh the government's environmental behaviors. To establish and perfect the controlling power mechanism of environmental administrative law, it include three respects: to perfect comprehensive controlling power mechanism, to perfect the environmental administrative procedure legal system and to establish the environmental administrative public good lawsuit system. Then the authr explained the most crucial and most central question of the environmental administrative public good lawsuit system in detail -how to confirm the plaintiffqualification. At last the author point out that if our country will establish the environmental administrative public good lawsuit system in the future, we should adopt the standard of "have nothing to do with oneself in law", under this standard the plaintiff of environmental administrative public good lawsuit include three concrete kinds: citizen individuals, the environmental protection groups, procuratorial organ.