Study Of China’s Legal Regulation On Environmental Administrative Omission

In recent years, one of the most direct and realistic reasons of frequentPollution accidents is the environmental administrative omission. It not onlyundermine sustainable development of our economy and society, but alsoseriously injury the public’s health. This paper begins from Jiahe County’s bloodlead contamination, provoking the thinking of environmental administrativeomission. then the author define the concept of environmental administrativeomission, and based on our current situation of environmental administration toanalyze its manifestations and the actual harm. Then detailly analyze the reasonsof the environmental administrative omission and learn from foreign effectivemeasures of regulating administrative omission, at the same time put forwardlegal presumptions of regulating China’s environmental administrative omission.Western legal scholars have pointed out:"prevention is better than cure, goodadministration is better than improper administrative relief after the event ". Inorder to effectively regulate the environment administrative omission, it isparticularly important to prevent it in advance. In this paper, the author focus onthe environmental preventive measures in advance, Such as improving theprocedures of environmental regulations, improving the environmentalmanagement system, strengthening law enforcement and oversight mechanism ofenvironmental administration,etc.According to the research purpose of this paper, this article is divided intofive parts. Through a variety of theories of the comparison and analysis, the firstchapter defined environmental administrative omission as: In order to achieverational development, utilization, protection, improvement. the environmentaladministrative body have duties and ability to perform its obligation, but it did notfulfill or completely perform its environmental obligations over the deadline.Through discussion on the performance of environmental administrative omission,elements and hazards, we can make the content of the environmentaladministrative omission more explicit and make us aware of the importance andurgency of the regulation of the environmental administrative omission. Thesecond chapter is a in-depth analysis of defects about the current system ofenvironmental administration, authority, oversight mechanisms, procedures, etc.The third chapter compare and assess the more mature and advanced foreign regulatory measures of administrative omission, then sum up some experience forus to study. The fourth chapter is the core of this paper, the author put forwardlegal regulatory measures of administrative omission through contacting ourcurrent practice of environmental administration. Finally, the author’s researchfindings are concisely reiterated in the conclusions. the author hope that throughthese measures of integrated use, environmental administrative body can activelycarry out their environmental responsibilities. So that we can achieve harmonybetween man and nature, achieve sustained and healthy development of economicand social.