Study On Several Issues In Environmental Administrative System

Environmental administration plays a key role in executing national environmental law because in our country in environmental protection a leading role of the government has been emphasized and used to making full use. Even an economic stimulating approach has to be implemented by depending on governmental administration, which is characteristic of administrative system. The power to administrate the environment for a state is subject to its subject in international law and its position in domestic law. According to the power enjoyed to administrate the environment, the state may adopt all kinds of measures to strengthen administration on activities of developing and utilizing the environment to protect and improve the environment. How to deploy the power to administrate the environment as well as arrangement of the relations between the power and the social organizations and the individuals have a bearing on the running situation and efficiency of the environmental administration system. Reinforcement on environmental administration will facilitate to improve the environment very much, whereas one scientific and rational environmental administrative system is a fundamental guarantee to improve environmental administrative efficiency.With deepening the reform of systems, the environmental administrative system has been continuously perfected accordingly. While studying carefully the provisions about environmental administration system in the laws of pollution prevention and ecological protection formulated in our country, we can find that the provisions about the administrative system are very scattered, some degree of units resetting and duties crossing exists in the different legal documents, even the conflicting provisions exists in the different legislation. What's more, there are many troubles in actual running of the administrative system. For example, the comparatively obvious is that while executing law, the relative departments may dispute over trifles with each other or pass the buck to each other. Although the law provides in principle that our nationalenvironmental administrative system is 'a system combining unified administration and administration at different levels & different departments', whereas in fact it is not really established. With respect to the current situation and the problems existed in our national environmental administrative system, based on drawing on successful experiences of environmental administration abroad, the essay argues that the environmental administrative system should be reformed through legislation, i.e. firstly to formulate a comprehensive 'environmental administrative organization law'. Ma the legislative unit, our national environmental administrative system may be perfected in the following terms: establishing positions of the different departments, organization structure, detailed duties, coordination, cooperation and supervision procedures etc. Particularly, it is necessary to define clearly the environmental administrative powers enjoyed by the central government and the local governments, and by the different local levels. Meanwhile, it is necessary to amend the relative laws to avoid conflicts. Then, the respective departments and the respective local governments can detail their duties for themselves, through which it may provide a systematic assurance for good governance by the whole administrative levels.