Improvement Of Environmental Administrative Compensation System In China

Environmental administrative compensation is the State’s make citizens, legal persons and other organizations for the public interest requires the legitimate rights and interests of damage compensation and legal system. Since the21st century, to ensure that national economic growth on track, under the pressure of local government in the maintenance of high GDP growth, development mode and the blind development of extensive overcapacity in industry, resulting in serious environmental pollution, damage property and health of the people. Environmental administrative compensation to victims in reality there are many problems, besides theoretical study on environmental administrative compensation basis starting late is weak and far cannot meet the needs of society, thus strengthening environmental administrative compensation system of great practical significance.Through the research method of comparative studies on Chinese and foreign history study on environmental administrative compensation, can see that political compensation accounts for a very important position, It is the basis of the study, so a study on environmental administrative compensation will not be able to bypass the Executive compensation. And the collection and administrative expropriation for executive compensation is the " terms of lips and teeth ", and it is on private property for private party seriously, aside the compensation study executive compensation is the " be like a tree without roots, and water without a source ",So this article to administrative collection as part of a line that runs through clueso In addition article focusing on the collection, use, environmental pollution and the problems of basic theory and basic of compensation, with " public burdens and " special sacrifice " as the main line, Interpretation of the collection, use, environment-friendly and executive power, public interests, due process and fair compensation of the close relationship, Compensation is the core element of environmental administrative compensation, but to be fair and full compensation principle of funding. This article from the theory of externalities in economics, the tragedy of the Commons, property rights and set out on the Coase theorem, proposed improving the emission trading system, Economics for government relief to the environmental hazards, as well as market value compensation standards to provide theoretical support.This article explains basic theory of environmental administrative compensation system, for a discussion on the problems existing in the system, and put forward improvement measures. Full-text is divided into four sections, the contents are as follows.The first part:mainly on the compensation and environmental Executive concept, characteristics and types of compensation, and describes the historical development of environmental administrative compensation procedures. By definition of the concept, so that we have a clearer understanding on environmental administrative compensation, more profound understanding of the nature of compensation. Study on the historical evolution of the system, let us a more comprehensive understanding of environmental administrative compensation system in China and learn foreign advanced legal technology.The second part:mainly describes the theoretical basis of environmental administrative compensation. In point of law, agreed with the special theory of sacrifice, and public burden in this article, that just compensation in order to protect human rights. In economics, by focuses on externality theory and Coase theorem, yield full compensation to more efficient protection of environmental resources. Furthermore focus on analysis of environmental tort particularity, arrive at conclusions of the seriousness of the situation and the need for compensation for environmental torts.The third part:focused on the situation of environmental administrative compensation in China, there is a lot of system operational problems found. For example legislative delays and confusion, Legislation placed too much emphasis on guiding principles of collectivism lead to ignoring private legal interests, Fuzzy definition and scope of public interest, compensation principles inconsistent, Rough compensation program, compensation standards are too low, too narrow in scope, and so on.The fourth part:for the issue with the third part, system improvement. Make modify environmental legislation of administrative compensation, training services and democratic ideas of the Government. Legislative interpretation of the case to limit the types of specific public interest involved effectively prevent abuse arising from defined clearly in the public interest and power problems. Broadening the scope of compensation, compensation using market prices of standards so that citizens receive fair compensation, show justice. Improve environmental hearing procedures, the Government information publicity system, expanding government transparency and public participation, enabling people to better monitor. Specification of compensation payment procedures, reducing layers of exploit compensation phenomenon. Accelerate the development of non governmental environmental protection organizations, on vulnerable groups of people with knowledge of technology to help in administrative proceedings, supervision and executive acts of the Government, prompting the Government to conduct more efficient and more equitable. Reform the environment allows the Court to make a change in administrative litigation judgement, allow citizens effective judicial relief, and thus to live together good justice that the last line of Defense, makes the rights of the people are the maintenance of justice be show.