Study On The Legal Issues Of Environmental Administrative Compensation System In China

At present,the state and the society pay more and more attention to the environmental protection,the administrative organ to protect the environment and make the enterprise,the relocation of the residents of the administrative act is more and more.However,there is a lack of clear and unified provisions of environmental administrative compensation in our country,which can be used to establish the environmental administrative compensation system.The introduction of a unified environmental administrative compensation law,clear procedures and standards that is the meaning of the problem.In addition,it is necessary to establish the judicial relief of environmental administrative compensation to protect the legitimate rights and interests of the counterpart.Based on the basic theory of environmental administrative compensation system,this paper discusses the problems existing in the operation of the system,and puts forward some measures to improve it.The full text is divided into four parts,the specific contents are as follows:The first part mainly introduces the concept,characteristics and types of administrative compensation and environmental administrative compensation,and introduces the historical development process of environmental administrative compensation.Through the definition of the concept,we have a more clear understanding of the environmental administrative compensation,a more profound understanding of the nature of compensation.The historical evolution of the research system,let us have a more comprehensive understanding of China's environmental administrative compensation system,and learn from foreign advanced legal technology.The second part mainly introduces the theoretical basis of environmental administrative compensation.From the point of view of law,this paper agrees with the theory of special sacrifice and public burden.From the point of view of economics,through the introduction of externality theory and Coase theorem,it is concluded that the full compensation can be more effective to protect environmental resources.Furthermore,the author analyzes the particularity of environmental tort,and draws the conclusion that the seriousness of environmental tort and the necessity of compensation.The third part mainly analyzes the present situation of environmental administrative compensation in our country,and finds that there are many problems in the actual operation of the system.For example,legislation lags behind and confusion,China is still not a unified environmental administrative compensation legislation,although China is related to environmental administrative compensation in some special laws,but also often appear briefly and even most of the provisions of laws and regulations conflict with public interests,the definition and scope of fuzzy,unified compensation principle,compensation procedure the rough,the compensation standard is too low,the compensation scope is too narrow and a lack of compensation subject,this part is the basis of the fourth part of the perfect compensation system.The fourth part: according to the problems in the third part,to improve the system.The author puts forward the legislative ideas of amending the environmental administrative compensation and training the government's service and democracy.To limit the types of public interest relates to the legislative interpretation of the case,effectively prevent the abuse of power problems due to the unclear definition of public interest.Expand the scope of compensation,compensation for the use of market price compensation standards so that citizens receive a fair compensation,highlighting justice.Improve the environment of hearing procedure,the government information and public participation system,increase the transparency of the government behavior and the public,enabling people to better monitor.Standard of compensation payment procedures,reduce the compensation layers of exploitation phenomenon.To speed up the development of non-governmental environmental protection organizations,can help the people in vulnerable groups in the administrative proceedings to provide knowledge and technology to help monitor the government's administrative behavior,to promote government behavior more efficient and fair.The reform of the environmental administrative litigation judgment allows the court to make a change,make the citizen effective judicial relief,to live together good justice that the last line of defense,the people of the right to maintain justice had.