Research On Legal Issues Of Environmental Administrative Supervision

Heilongjiang "Harbin Pharmaceutical Plant pollution" and a series of major environmental pollution in China behind the perspective of government environmental management does not act as clues.This article takes the environmental administrative supervision as the breakthrough point,through the connotation and the function definition of the environmental administrative supervision,examines the existing problems of our country environmental administrative supervision system and puts forward the system perfect suggestion,in order to perfect the government environmental administrative omission through the environmental administrative supervision system.This paper argues that environmental administrative supervision refers to the administrative supervision between the administrative organs with environmental supervision responsibilities,or the supervisory control between the upper and lower levels of the administrative organs.The object of environmental administrative supervision is mainly for the administrative organs of environmental administrative law enforcement and their staff.The main body of environmental administrative supervision is mainly related to the administrative organs and the higher authorities with environmental enforcement rights.Compared with the power supervision and judicial supervision,environmental administrative supervision is more convenient and efficient,and the execution force is stronger.At the same time play a role in preventing environmental risks,improve environmental administrative efficiency,and correct environmental administrative omission.The United States and Japan have a mature environmental administrative supervision system,one has its own independent authority of the environmental management agencies;the second is its environmental institutions and the allocation of responsibility legalization;third is a sound environmental administrative supervision system.At present,China's environmental administrative supervision system is not perfect: the environmental administrative system is flawed,the environment administrative reconsideration restraint system is not perfect,administrative supervision and environmental administrative supervision system conflict,environmental audit system is imperfect.The perfection of environmental administrative supervision system in our country should first clarify the different environmental supervision responsibilities of environmental administrative subjects;and improve the supervision and assessment of environmental administrative organs.Second,to strengthen the administrative reconsideration in the role of environmental administrative supervision,improve the environmental administrative supervision in the review of the way and procedures.The third is to regulate the supervision of the organization's environmental supervision and administrative sanctions.Fourth,strengthen and improve the leading cadres of natural resources,such as environmental audit system.