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Research Of The Environmental Dministrative Illegal Activity Validity

Posted on:2007-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:L Y HuangFull Text:PDF
GTID:2166360182973297Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The validity situation of the environmental administrative illegal activity directly decides the rights and duties of legal relationship main bodies of the environmental administration and the decision forms from the court .Therefore, the theory about the environmental administrative illegal activity validity is one of the cores of the environmentally administrative law theory. Studying the dynamic process of the validity production of the environmentally administrative action firstly, people can accurately grasp the validity of the environmental administrative illegal activity. Therefore,in this article, the production process of the validity of environmentally administrative activity is discussed. In this article, I summarize three stages of the validity production process—the establishment, becoming effective and efficiency. In three kinds of situations, environmentally administrative action is effective, namely, definite efficiency, legal efficiency and acknowledged efficiency, which is an innovation to the activity validity theory of the administrative jurisprudence in this article. The environment administration illegal activity has three kinds of the validity situation, which is invalid, discharged and remedied. This article transcends the traditionally administrative jurisprudence theory and explicitly proposes that validity types are not decided by the illegal degree but as a result of benefit scale. It is thought that the environmental administration must be based on the ecology benefit in order to make up for the insufficiency of the traditionally administrative jurisprudence. The invalid environmental administrative illegal activity is certainly ascertained of no effect from the beginning and the citizens enjoy the resistance right to it. Regarding the different types of environmentally administrative illegal activity, its invalid scope is also different. After analyzing related laws in the land area of our country, I propose the visualization of constructing the invalid system of the environmental administrative illegal activity. Withdrawal is a validity appraisal and is limited by the trust protection principle. The trust protection is hindered by legal cause and reflective benefit. The environmental law shakes the reflective benefit theory of the traditional administrative jurisprudence, but shakes the anti-theory of the faith protection completely. During the course of the environmental administration, human's beneficial protection is still hindered by the legal matter. Withdrawal question of the environmental administrative illegal activity which has the third human's validity is the special charm of the environmental administration. This article proposes that the maintenance is also one validity appraisal way and uses "the remedy" a word to summarize it and it is thought that remedy is also one kind of validity situation, which is based on the conformity of three validity appraisal ways, which are confirmation, supplement and transformation. It is an important task of the environmental administrative legislation that invalidation, withdrawal and remedy system is linked and the legal institutional validity framework of the environmental administrative illegal activity is perfectly constructed.
Keywords/Search Tags:The validity situation, The ecology benefit, The system construction
PDF Full Text Request
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