Research On Environmental Administrative Omission

Environmental administrative omission is a special form of administrative omission inthe field of the environmental protection. It will not only do great harm to the legitimaterights and interests of environmental administrative counterpart, but also damagecitizen’s environmental rights and the social ecological benefits. Furthermore it willcompromise the government’s image, then affect the social harmony and stability. Inrecent China, a large number of laws, regulations and policies have been published toprotect environment. However the worsening quality of air, land, water and thefrequency of environmental pollution accidents illustrate that environmentaladministrative omission is still quite a big problem in China. The research has greatpractical value on the regulation of environmental supervision and managementbehavior, the promotion of legal environmental administration, the realization ofsustainable development.The environmental administrative omission has not received enough attention in ourcountry, and theoretical systems are incomplete. Firstly, through the research on thebasic theory of environment administrative omission, this paper explains its conception,manifestation, and characters. It explains the conception of environment administrativeomission and its manifestation, making clear the characters of environmentaladministrative omission characters. It elaborates the elements of environmentaladministrative omission from the main body qualification, statutory obligation,realizable obligation and the breach of duty. Secondly, by the induction and thesummary to the foreign research and experience of regulatory environmentadministration omission, we can learn from aboard the perfect legal system, the publicparticipation and the public interest litigation system. Thirdly, clarifying the seriousharm of environmental administrative omission, it emphasizes the necessity ofregulation of environmental administrative omission. This paper analyzes theenvironmental administrative omission causes, puts forward the suggestion on theregulation of environmental administrative omission: to establish a independentmanagement system of environmental protection with clear responsibility; to improvethe legislation of administrative procedure by improving the public participationprocedures, information disclosure procedures, administrative prescription system; tostrict the liability of environmental administrative subject by increasing administrative and criminal penalty on the environmental administrative omission; To perfect the legalrelief system on environmental administrative omission by expanding the scope ofenvironmental administrative judicial review, improving the environmental publicinterest litigation system and the state compensation of administrative omission. I hopethat this paper can make contribution to the prevention of China’s environmentaladministrative omission and the protection of ecological environment.