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Study Of Cross-regional Coordination Mechanism For The Environment And Administrative Legal Issues

Posted on:2010-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:X KeFull Text:PDF
GTID:2206330332977756Subject:Environment and Resources Protection Law
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With the disputes about the prevention and control of inter-regional environmental pollution, the development and utilization of natural resources, rising from time to time, China's environmental protection agency's lack of coordination mechanisms between the administrative regions is increasingly highlighted. Environmental resource is not only an economic resource, but also bear the feature of integrity, regional cross-administrative and usage diversity. Its natural and ecological areas are often in dispute with the man-made administrative regions where administrative powers hold sway. In view of the breadth of environmental protection, the problem of rising the existing inter-regional coordination mechanism for effective environmental administration to a legal standard, furthering in the legal aspects of the coordination mechanism among environmental administrations, and thus form an effective and harmonious inter-regional environment protection, has been an important subject in Environmental law academics.This paper started with the feasibility study of inter-regional coordination mechanism among environmental administration, analyses the limitations of China's current environment administrative management system, drew the conclusion that there is a gap between the division of environmental management administrative areas and the accomplishment of the overall goal. At present, the lack of coordination and integrity in the environmental administrative system based on administrative regions gives rise to the expansion of local interests, so the introduction of cross-regional coordination mechanism in the environmental administration becomes urgent. After defining the concept of cross-regional coordination mechanism for environmental administration, the essay explains its complement function to the current administrative structure with the current environment, and emphasized the regional economic integration was the realistic basis for building the cross-regional coordination mechanism, while eco-system management philosophy was the mentality support for the mechanism.Watershed management system has established and developed in China for quite a long time, its status and functional characteristics may be brought to the cross-regional coordination mechanism for environmental administration. This paper compared the similarities and differences between the two, and concluded that both of them have avoided the man-made administrative division which broke the ecological integrity; both emphasized the coordination between the environmental policy-making and its implementation. However, there are significant difference between the two in professional and principal who conduct the coordination.According to analysis, the last part of this paper conceived the possible path for realizing the cross-regional coordination mechanism in the environmental administration. It first summed up the existing practice and exploration of coordination mechanisms in China's cross-regional environmental administration, and then refer to the advanced practice in the United States, Japan and other countries, at last it proposed specific recommendations in three areas including:a, the functional orientation improvement of cross-regional coordinating mechanisms; b, the legal effectiveness emphasized on public participation and cleared administrative agreement system, and c, the integration of existing regional environmental regulations and the study on regional environmental legislation.
Keywords/Search Tags:cross-regional, administrative coordination, environment
PDF Full Text Request
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