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Environmental Administrative Licensing Follow-Up Supervision Problem Research In China

Posted on:2013-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2231330374472326Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Environmental administrative licensing follow-up supervision refers to the environmentaladministrative supervision organ in accordance with the" environmental protection law" and otherenvironmental legislation in the related regulations, based on the environment and reasonable utilizationof resources and scientific standard of pollutant discharge, to have access to environmentaladministrative licensing certificate citizens, legal person or organization to carry out certainactivities.The ultimate purpose is to control the environmental pollution, the protection of resources,improve the ecological environment. Therefore, through the environmental administrative permit toachieve the desired goal, it is necessary to obtain licenses to the environmental administrative relativeperson ’s law-abiding do long-term, continuous, strict supervision. Environmental administrativelicensing act, often involving environmental administrative relative person’s tremendous benefits, butalso related to the fundamental interests of the public, therefore, but also on the environmentadministrative supervision. China’s administrative permission law makes a lot of environmentaladministrative licensing regulatory authorities have recognized environmental administrative licensingrights to include not only environmental administrative permit access regulatory links, but also includesthe environmental administrative permit access to subsequent environmental administrative permitfollow-up supervision. Law of administrative permission in China although explicitly stipulates theadministrative subject in administrative license holder of the legal supervisory duties, but this provisionstill more abstract, difficult to directly guide the environmental administrative environmentaladministrative permit follow-up supervision practice. China’s environmental administrative lawpractice" license, light regulation" or" not only permit, supervision" phenomenon is quite common,environmental administrative enforcement of environmental administrative licensing on theenvironmental administrative permit holder’s supervision of the missing link leads to a variety of seriousharm to public health and personal safety accidents happen frequently. Environmental administrativelicensing follow-up monitoring work absence led directly to the environmental administrative permitholders to economic interests are still illegal production and operation, thus causing serious harm topublic safety. Zijin Mining wet copper plant leak accident and a series of environmental major accidentcases reflect the environmental administrative permit regulation pattern especially the environmentaladministrative permit follow-up supervision should be how to adapt to the situation further innovationand improvement, in order to further improve the system of environmental administrative permits valueproblem. In this paper, based on China’s administrative permission law after carrying out, ourenvironmental administrative permit system in the follow-up supervision system construction, operationproblems, targeted to carry out in-depth analysis and reflection, in the regulatory setting and operationinnovation, information, perfect the various angle with balanced responsibility of environmental administrative law general principles to for the environmental administrative permit follow-upsupervision system to further improve the system to provide the solution.
Keywords/Search Tags:Environmental administrative, the follow-up supervision, informationbalance, public participation
PDF Full Text Request
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