On Relative Person Of Environment Administration

In the field of law, the consensus concept is the "rights-based" model. The "Rights-based" theory is applied to administrative law, which made the attention only to the main administrative body and administrative behavior during the study on relationship of administrative law shift to the study on the other main administrative body in the relationship of administrative law, namely relative person of administration. At present, the study on relative person of administration is more attention to human rights. But on the environmental issues, the relation between administrative law and environmental protection is most closely. Controlled by the laws of nature, the capacity of the Earth is limited. On the issue of environmental protection, human should not claim rights to the environment actively, but should bear the obligations to protect the environment, and take steps to control the extent of environmental pollution in the framework of the environmental capacity. The individual, the group, the community and the human who play a main role in a conflict have only to selfrestraint, cooperate actively and only thus the harmony between people, between man and nature can be maintained at a higher level. So in the relationship of administrative law, environmental administrative body and relative person of environment administration have obligations to the environment and only under the premise, the relative person of environment can claim environment rights. Therefore, the writer thought in the field of environmental administrative law the obligation should be the base. The study on relative person of environment administration should be started from their environmental obligations. Of course, pay attention to the environmental obligations is not to deny the rights of the relative person of environment administration. The relative person of environment administration's rights to the environments must be based on the obligations. The carrier for the rights and obligations of the relative person of environment administration is the behavior of the relative person of administration. Regulate the behavior of the relative person of environment administration directly, namely regulate directly what status or relationship should be kept between the relative person of environment administration and the environment, the relative person of environment administration and the main body of the environment administration, which includes what the relative person of environment administration must do to the nature and the main body of environment administration, how to do or what mustn't be done to harmonize the interpersonal relations and the relations between human and nature in the environmental administration law.