On The Environment, The Improvement Of The Judicial Supervision Of Administrative Law Enforcement,

In a law-governing country, administration by law is considered the biggest guarantee to avoid administrative power infringing upon the private part's rights. Judicial supervision works well in promoting the functioning of administration by law and its main part is administration litigation, which is the most powerful one among the system of administrative supervision. Therefore, the judicial supervision plays a very important role in the environmental administration. Administration litigation is a kind of system in which some administrative behaviors are sued to the court and are examined if they are legal. In April 4 1989, the Administrative Procedure Law was passed in NPC and then a new system of administration litigation with Chinese characteristics was founded which was separated from the civil procedures. With a strict procedure it works greatly in administrative supervision. In the area of environmental administration, there are 4 principles of supervision. The first is to see if the environmental administration is based on law because as a action of executing the laws, it must be done according to law, otherwise it is illegal. The second is to see if the procedures of the environmental administration are legal. The third principle is that the evidence of the environmental administration must be sufficient;that is to say, the decisions the environmental administration department made must be based on facts and examined by law in case of the abuse of the administrative rights. The fourth one is about the discretion, which is a special feature of the administrative action. But even the discretion is relatively restricted, that means it should go by the justifiability and harmony otherwise it would be forced to change by the jurisdictions. In this thesis the author not only studies the defects, which exist in the judicial supervision of Chinese environmental administration, but also present us some detailed suggestions about how to improve the system.This thesis is divided into 4 parts. In the first part the author first presents some theories of the environmental administration, the supervision of the environmental administration and the judicial supervision of environmental administration and then analyses the necessity of the judicial supervision. The second part is a brief account of the judicial supervision of environmental administration and the related law in China and abroad. The third part mainly covers the defects of the judicial supervision of Chinese environmental administration. Accordingly in the last part the author gives some suggestion aimed at how to improve it.