On The Administrative Guidance In The Environmental Administration

The rapid development of global economy has initiated the serious environment question day by day. The environmental protection already became the topic that is attended by the universe. Nowadays , the environment question presented a series of characteristics , for example, the accumulation ; the comprehensive nature ; high technical; the irreversible ; the variability; the integrity and the relatedness; the political and so on. In order to solve these environment problems , the environment administration method has became the most important choice of the various countries. At present, the administrative compulsion and the economical stimulation are the govemment'main method to govern the environment. The two in the aspect of environment protection and environment protection'solution have played the role which cannot be substituted. They all put the environment administration relative person in the status of be managed and be controlled, which cause the environmental protection main body's dislocation. Between the administrative main body and the administrative relative person lacks the effective communication mechanism. These problems have brought some negative influence on the environmental protection.The administrative instruction produces in the 20^th century 70'public administrative reform stage. Because of the characteristics of non-legal and non-compulsorily, it can establish the effective communication mechanism between the administrative main body and the administrative relative person and can encourage the administration relative person participate the society thing positively. The administrative instruction's social effect conforms to the society goal of implement the environment protection method and made up the administrative compulsion and the economical stimulation method in the environment protection in a certain. Applied the administrative instruction in the environment protection has formed a new kind of administration method-environment administration instruction. Because the environment administration law is the important part of our country legal framework, the environment administration instruction also inevitably belongs to the environment administrative law category. According to the concrete content of law value and the particular character of environment administration instruction appears the values, for example.: benefit, freedom, equality, procedure and so on. In our country , the environmental protection legislation had the new tendency; the social public's wish to participate in the environmental protection being urgent day by day ; the market also has the insufficiency in the circulation economy; the legal framework of environment protection is imperfect. These all request us to apply the environment administration instruction into the environmental protection. The practice proved, regardless of is in the construction of environmental protection system and the movement of environmental protection, the administrative instruction has all played the role which it cannot be substituted. But compares with the western developed country , as a system, our country's environment administration instruction is imperfect, the fundamental research is also weak. So, we must strengthen the fundamental research of jurisprudence background and value localization . We must strengthen the system construction of environment administration instruction through transform the government idea , improve the environment administration pattern, enhance the environment administration instruction legislative work , and perfect the social public participation mechanism.