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Supervision Mechanism Research Of Environmental Administration Omission

Posted on:2015-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2296330431458942Subject:Constitution and Administrative Law
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With the continuous improvement of human civilization and the fast development of our society,people have deepened the claim from nature to meet their growing life desires. Especially because the highly developed industry. The speed of environmental destruction is accelerating day by day,so environmental protection has become a question of great importance in modern time. Along with the attention paid to environmental protection,the work of administrative department of environmental also attract audiences’attention,and the environmental administrative omission come into people’s horizons at the same time. Different with general administrative omission,environmental administrative omission is not only illegal but also a behavior that environmental department workers do not take the administrative power that our country give them seriously. It is a kind of performing incompletely negatively or not at all behavior. Their omission will not only do harm to our environment but also bring covertly and latently impacts. The omission will affect our countries’normal supervision. The results are very serious. The environmental department dare not to violate related environmental laws and regulations definitely or do illegal behavior obviously. They often ignore or indulge their power,reluctant to react,in other words,they do harm to the environment through their omission. These facts show that we should strengthen supervision on them. Given China’s current environmental administrative omission supervision mechanism has certain problems,this article analyzing the problems that our environmental administrative omission supervision mechanism has and give some advices on how to improve the environmental administrative omission supervision mechanism.The first chapter of this article introduces basic conception related to environmental administrative omission supervision mechanism,expounds the duty that environmental department should perform as subject of environmental responsibilities and expression,characteristics and serious harm of their omissions. The second chapter of this article introduces the current situation and shortage of environmental administrative omission supervision mechanism with specific environment event. Chapter three of this article explains the problems that our environmental administrative omission supervision mechanism has ulteriorly through stating how to learn from American and Japanese advanced supervision mechanism. Besides the writer puts forward some brief advises. Finally,chapter four of this article states how to complete our environmental administrative omission supervision mechanism. First,improving the environmental administrative omission supervision mechanism should consummate internal supervision mechanism. Reinforcing environmental administrative omission accountabilities mechanism and construction of environmental administrative disclose system through completing legislation,what is of great significance to the implementation of the environment law and the committing of environmental protection work. Secondly,we should encourage the citizen to supervise the environmental administrative omissions,in this way,the supervision will be universal and such situations like lax enforcement of the law and the irregularity can be reduced. Meanwhile democratic supervision can also help to improve the government administrative efficiency. The democratic system mainly contain public hearing system and setting up new system of agreement. The last measure is to improve supervision mechanism in judicial remedy and make up the insufficient of environment law in operation,first of all,endowing the citizen independent legal status and qualification of litigation in environmental protection through the establishment of environmental public interest litigation system. Giving definitely qualification of filing a civil and a criminal action,improper or damage behavior to the government and the environment to citizens. Then,completing the system of environmental administrative reconsideration and improving the subject qualification to apply for review by giving power of putting out environmental administrative reconsideration to procuracy.Building a professional,independent of the environmental administrative reconsideration organ of authority and ensuring environmental administrative reconsideration of justice and fairness.
Keywords/Search Tags:Environmental administrative omission, Supervision Mechanism, theEnvironmental Responsibility of Government, Environmental Protection
PDF Full Text Request
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