Analysis Of Environmental Administrative Licensing System

Environmental administrative licensing an administrative act that environmental protection administrative department permits the interested parties to engage in certain activities with their application. The system of Environmental administrative licensing, also known as environmental administrative permit system, it is the generic term of all kinds of laws and regulations of administrative licensing on environmental resources, and also the institutionalization and legalization of the administrative licensing acts of environmental resources. The system is an effective administrative management policy used by the country to strengthen the management of environmental resources, is an effective measure to enhance the supervisory management on environmental resources, and is also an important way to control environmental pollution, protect natural resources and balance the ecology, which is regarded as the pillar of legal control on environmental resources. It uses relatively standardized administrative licensing procedures, which not only helps authorities' implementation of targeted management based on their understanding of environment and the real situations on the activities of environmental resources, but also contributes to the public supervision.In 2003, China promulgated the "Administrative Licensing Law" (the "Administrative Licensing Law"). On the basis of summarizing the past experience and relevant content of foreign administrative license, the law has a full regulation on the setting of administrative licensing, implementing institutions and procedures. According to the rules of "Administrative Licensing Law", the State administrative license may use the administrative licencing to protect the ecological environment and limited natural resources, but because of the own characteristics of environmental resource itself, the "Administrative Licensing Law" shall make corresponding adjustment and adaptation to environmental resources on its implementation, which is to achieve sustainable development of environmental resources. In order to make administrative licensing system to play a more active and effective role in protecting environmental resources, achieving the standardization, legalization and modernization in environmental administration, this paper, based on "Administrative Licensing Law", and combined with the special nature of environmental management, it studies thoroughly on the legal definition on the permit system of environmental administration, summarizes its concept and basic characteristics. According to the provisions in "Administrative Licensing Law", summarizes the main contents, including the setting of environmental administrative licensing, implementing agencies, procedures, supervision and inspection, etc; summarizes its conceptual, legislative, and the supporting institutional deficiencies, by analyzing the system problems in the implementation process, and makes detailed instructions combined with practical case; finally, this paper propose the ideas and suggestions on dealing with theoretical and practical problems.