Study On Legal Regulation Of Environmental Administrative Omission

Environmental administrative omission is the special form of administrative omission in environment field.It will not only do harm to the legitimate interest of administrative counterpart,damage the environment benefit of the citizens and interests of the general public,but also reduce the credibility of the government,damage the dignity and the authority of relevant environmental laws and seriously hinder the sustainable development of economic society.Though our government has come on a series of laws and regulations for environmental protection and relevant policies in recent years,the continuous deterioration of air,water and soil conditions and these extremely serious and large environmental pollution accidents awoken us that the environmental protection administration has failed to performduties in its environmental law enforcement process.The problem of administrative omission in environmental protection field starts to captivate the public.In the present stage,with the concept of rule of law deeply rooted among the people,legal regulation has become a very important way to supervise the law-based administration of government of administrative organs.However,environmental administrative omission received a very low concern extent in our country for a quite long time,which leads to the lack of related system theory study.This research status is far from meeting the requirement of guiding the practice of containing the environmental administrative omission.In consideration of this situation,it is vitally necessary to have a holistic study in legal regulation of environmental administrative omission.We have sound reasons to believe that the research achievement will be conducive to govern the behaviors of environmental administrative subjects and greatly stimulate the sustainable development of social economy.This paper begins from the concept of environmental administrative omission,describing the definition of administrative omission for putting forward the connotations of environmental administrative omission.Then detailedly analyzes the factors needed to constitute environmental administrative omission,including a rightful statute of a subject,this subject has the obligation to action,having the possibility of fulfilling the obligation,the existence of violating the duty of action.Beyond that,this paper explores four main forms of environmental administrative omission containing omission in administrative licensing,omission in administrative penalty,omission in arbitrary administrative execution,omission in administrative handling,omission in administrative order and omission in confronting complaints and reports about environmental pollution.This paper sideways discusses the necessity of legal regulation of environmental administrative omission by elaborating the huge secluded and latent detriment the environmental administrative omission can bring to our government image,authority of law and negative effects on sustainable development of economic society.Where after,the paper analysis the environmental administrative omission legal regulation mechanism in our country in which supervision by organization of state power,supervision by judicial branch,internal supervision of the administrative organ and social supervision play the main roles,pointing out their own characteristic and insufficient,and the internal supervision of the administrative organ will be emphasized.Finally,the paper concludes the thorough experience of America,England and French in governing environmental administrative omission.Based on the defect analysis of our country’ legal regulation system for environmental administrative omission and taking example by other conntry’successful system civilization achievements in environmental administrative omission,the paper argues that we should improve the level of regulation in environmental administrative omission by reinforcing environmental administrative procedure legislation,consummating the supervisory mechanism of environmental administrative omission and establishing a more stringentlegal liability institution on environmental administrative omission.The author hopes that this paper can makecontribution to the preventionof environmental administrative omission in our country and the protection of ecological environment.