Environmental Administrative Compensation Legal Problems Research

Environmental administrative compensation is environmental administrative subject based on the needs of public interests, the state and society in the management of public affairs of the legitimate exercise of public power during the behavior that citizens, legal persons or other legitimate rights and interests of social organizations, in accordance with the special damage suffered by the principle of fairness, the person gives reasonable compensation for damage. It is an important environmental administration and relief system.Along with the development of economic society and citizens legal consciousness, improve the legal concept, people calls for the government to fair every citizen, legal person and other organization, protect their legitimate rights and interests of the person and property. But in our legal environment administrative compensation theory research and its relative lag theory research and system construction in our country is not enough attention. Only a few scattered, abstract, lack of maneuverability, lack the necessary security, reasonable remedy of the whole order and lack of internal cannot form harmonious and unified, adapt to the modern legal system development needs of administrative compensation system. That person's loss of relief, far cannot adapt to the need of environmental management work.From the theories of environmental administrative compensation, through our country environment administration compensates the history and present situation of environmental administrative compensation analysis, the paper puts forward the existing problems and insufficiency, combining foreign and Chinese Taiwan area of environmental administrative compensation in our country environment administration experience in legislation, enforcement and compensation of existing problems, puts forward the ideas of environmental administrative compensation. In the legislation of our country environment administration compensation, the problems existing in the constitution including lack of environmental administrative compensation principle, the provisions stipulated compensation system, and not messy decree no coordination between the laws and regulations, the administrative compensation narrow environment, environmental administrative compensation standard is not clear, lack of procedure provided, according to the problems in the constitution of the increase of environmental administrative compensation principle, come on stage "law of environmental administrative compensation, expand the scope of environmental administrative compensation, and clear environment administrative compensation standard, and perfect the procedure of environmental administrative compensation. In law enforcement, based on the existing law enforcement personnel quality is not high, the enforcement rules of environmental administrative compensation and lack of effective supervision and law-enforcement procedures of confusion to strengthen law enforcement personnel training, improve administrative compensation law enforcement, to strengthen the ability of administrative power supervision and restraint, the establishment of special administrative compensation for environment, strict environmental administrative compensation law enforcement procedures. In addition to perfect legal aspects related to the administrative reconsideration procedures and the judicial relief program, to enhance the quality of judges, to ensure the realization of environmental administrative compensation.