Research On The Way To Litigation Cancellation Environment Administrative Licensing Law

In recent years, our country’s environmental administrative licensing field clashed frequently, Xiamen PX project case, Beijing garbage incineration power plant in six events, etc. These cases should be give us theorists to deep reflection, why have this kind of phenomenon? The author thinks that the cause of this phenomenon is various. On the one hand, administrative organs make a lot of illegal phenomenon in the process of making a license. The phenomenon that environmental administrative organs weight permission, light regulation, or only license no supervision is quite common, combined with environmental problems has its own characteristics, on the allocation of resources to focus on balance and closely connected with the development of science and technology, the related departments of the government in the process of licensing can’t grasp the relevant scientific and technological knowledge. On the other hand, our country’s environmental areas of judicial relief is not ideal, according to all kinds of data, environmental disputes continuously increase, the environmental administrative litigation rate is extremely low, showed a contradictory phenomenon, the revocation of environmental administrative licensing litigation are much rarer. In the context of the current grim situation, the cancellation procedure is of great significance to improve the environmental administrative licensing. Environmental administrative licensing program design is not scientific and reasonable, greatly increases the risk of damage to the environment, adds difficulties to the implementation of administrative authorities in the late work. In order to achieve the environmental justice, and do not reduce the efficiency of an administrative organ for examination and approval, the reform of environmental administrative licensing application is imperative.The author analysis the result in the possibility of bad reasons for the implement of environmental administrative licensing, including cancellation of environmental administrative licensing subject could be made narrow, our country’s environmental administrative licensing program design is not science, and lack of preventive revocable system. Obtains from the analysis of the causes of these possibilities, the author thinks that, through the lawsuit way to perfect countermeasures of cancelling environmental administrative licensing law, requires efforts from the following several aspects:First, the main body of applying for revocation of environmental administrative licensing should be extended. Not only allows stakeholders are put forward to cancel the environmental administrative licensing, and the subject should be related to the overall environmental benefits of main body, include not only individual, also includes the collective, and even has nothing to do with the relevant rights and interests of the people. Second, we should perfect our environmental administrative licensing procedures. In environmental administrative licensing and administrative licensing system, our country needs to set up a special environmental administrative licensing procedure, hearing organ and adjudication organ should distinguish, more important is to improve the dissolution of the environmental administrative licensing programs. Third, construct the preventive system of environmental administrative license revoked. Preventive revocation litigation theories at home and abroad has long been proposed, but the practice has not to carry out the relevant policy and institutional level, to perfect the environmental administrative licensing system is indispensable to the establishment and perfection of the system. Based on time of preventive revocation litigation, preventive discontinuance of scope of accepting cases, preventive revocation litigation of burden of proof in three aspects to our country building construction of preventive revocation system put forward the idea, so as to establish and improve relevant laws in the field of environmental administrative licensing system in our country.