Research On Supervisory Machine Of Environmental Administrative Power

As Montesquieu said, "As the invariable sayings, power is easily abused by the person who commands it, and is used until limitary." Therefore effective supervision and restriction must bring into effect in order to ensure power normal operate. As a kind of power, administrative power also has possibilities of disorder actions or omission. In practice, ecological damage and environmental case increase gradually, which has become a fact we have to face in development, however, potential causes of most environmental cases are subjects of environmental administration's disorder actions or omission, which not only destroys legal authority, but also blocks the process of China environmental law. So how to defense and supervise environmental administration's disorder actions or omission and establish perfect environmental administrative power supervision machine have been very difficult problems in China environmental legal theory and practice.Base on current development of China, analyzing abjectly particularity and current situation of environmental administrative power, this paper offers the interact relationship between supervising machine and supervising framework, supervision system and supervising culture, and necessity and principles for perfecting our environmental administrative power supervising machine. Leaving from facts, the third part of the paper rescans and reflects disadvantages and lack in environmental administrative power supervising machine. At last, aiming at problems in environmental administrative power supervising machine and basing on experience and measures from abroad, this paper provides relatively perfect remedies from reinforcing power supervising machine, perfecting law and regulations of environmental administrative power supervision and recreating supervising methods to environmental administrative power.