Study On Legalization Of Environmental Protection Administrative Negotiation In China

Environmental protection administrative negotiation is a new type of administrative means used by our government to solve the major environmental pollution problems.Environmental protection administrative negotiation achieves good social practice effect,but the nature and legitimacy and so many other issues of it have also been criticized at the same time.As we know the law-based administration is an important part of manage state affairs in accordance with the law,in order to comprehensively promote the rule of law and construct a law-based government,we must comprehensively promote the administration according to law.This article takes the environmental protection administrative negotiation as the research object,and explores the ways to make it legalization.First of all,the article summarizes the theoretical research results of administrative negotiation.It defines the concept of environmental protection administrative negotiation and analyzes the legal nature,main types,applicable conditions,logical structure and legal effect of environmental protection administrative negotiation by investigating the actual use of administrative negotiations in the field of environmental protection.Secondly,the article chooses and analyzes the typical rules and cases of two kinds of environmental administrative negotiations.It summarizes the positive role of environmental administrative negotiation in the practice of environmental protection,and points out the main problems such as the coercion and abuse in the environmental protection administrative negotiation,and analyzes the cause of these problems.Finally,the article analyzes the necessity of the rule of law on environmental protection administrative negotiation,and lists the basic principles of the rule of law and the basic principles that need to be abided by the rule of law in environmental protection administration negotiation.It gives some scientific and concrete advices to the procedure of legislation and supervision and relief system.