Research On Environmental Administrative Law Adjustment Mechanism

The humanity lives in the environment and we use the natural resources to fulfill our need. During the process of using and transforming, the humanity is also restrained by the environment. All of these cause serious environmental pollution and destruction in the present stage, which have became the biggest problem that threaten human beings’ survival and development. In order to alleviate the stern environment situation, we need to legal measures to regulate the relations especially the most complex environmental administrative relationship initiated by the environment and human. We should try our best to realize the harmonious relationship among human, environment and the administrative department. We could use legal method to resolve environmental questions. Through this way we can complete the environmental protection work. The legal adjustment mechanism is the important category in the theoretical legal science area. It is overall the understanding and the assurance which carries on to the legal method adjustment social relations. It is important to the relations need to be adjusted whether the mechanism could be effectively and timely moved. The environmental administrative law adjustment mechanism is the law adjustment mechanism which has been used in the environmental administrative area. The movement effect of the environmental administrative law adjustment mechanism is directly related to the environmental protection work of our country. To improve our country’s environmental quality as soon as possible and enhance the operating efficiency of environmental administrative law adjustment mechanism, we should analysis the operating process of the mechanism. In this way can we try our best to consummate the mechanism.In the present stage, the ideas which pass through the dynamic movement process of the environmental administrative law adjustment mechanism include human center principle idea and the traditional administrative law idea. These two ideas have separated the friendly relationship between human and the nature, the government power and civil rights. Under these ideas, the nature has been treated as the object which can be used and controlled by human. It also put the environmental administrative department and the relative person in the opposite condition. These ideas cannot improve the movement of the environmental administrative work and make the function of the environmental administrative law adjustment mechanism to be attenuation. The operating process of the environmental administrative law adjustment mechanism has many problems. Firstly, the legislation aspect has problems such as the legislation blank and too many principal contents. The legislation is lack of scientific base. Secondly, the establishment of law enforcement mechanism is unreasonable. The law enforcement department is restrained by the local government and higher law enforcement department. And the fund and the personnel investment is not insufficiency. The law enforcement method is not flexible. Lastly, the present supervise mechanism become formalistic because of the supervise power cannot work well and the supervise right is too weak. The supervise mechanism cannot realize its function well. In order to prevent the environmental crisis further deepen, we should resolve the problem exist in the environmental administrative law adjustment mechanism and then the mechanism can work efficiently.As the environmental crisis have been further deepen, the human need to change their traditional attitude toward the environment. Environment should not be regarded as the object which could be controlled and used by the human. It should be treated as the subject exist on the earth as same as we human beings. Only under this theory can we realize the harmonious and sustainable development between human and the nature. And only in this way can we promote the environmental administrative law adjustment mechanism to move effectively and smoothly. At the same time, as the relative person has improved their consciousness to be the master of the country. The environment administrative organ should change the traditional control administrative idea when exercises their power. Merely through the compulsory management pattern which gives orders to the human and compel them to realize them cannot satisfy the demand of the modern public administration government idea. Only the administrative measures taken after the relative person which only then in carries on communication, cooperation adopts only then to have the substantive rationality. And only in this way can realize the administrative method biggest potency. The transformation of the adjustment idea will be able to direct the environment administrative law adjustment mechanism inevitably the concrete movement to move towards the highly effective road. Therefore, in order to carries on the legal adjustment well to the environment administration relations and solve the relative questions happened in the environment administration area, we should carry on the analysis from the movement process to the environment administrative law adjustment mechanism and try our best to understand is categories. Then we can take measures to adjust the relations continually. We can form the standard order gradually the environment administrative law adjustment mechanism and make it move effectively. Besides, the mechanism of legislation, law enforcement and surveillance should be adjust to be perfect. We can take some measures to make up the legislation blank and improve the feasibility of the regulations. Through these measures we can improve the scientific base of the legislation. Then we should construct independent special environmental administration law enforcement system, enlarge the personnel and the fund investment and enrich the environmental administrative law enforcement measures to make the law enforcement mechanism perfect. We can also take some measures to gain the surveillance strength to make the surveillance mechanism move smoothly. Above all, we should take measures in four aspects to make the environmental administrative law adjustment mechanism perfect, include the idea of the movement, the legislation, the law enforcement and the surveillance mechanism.