| In recent years,there has been a rapid increase in the number of environmental mass incidents in China.According to Yang Chaofei,former chief engineer of the Ministry of Environmental Protection and vice chairman of the China Environmental Science Society,the number of environmental mass incidents has remained at an average annual rate of29% since 1996.The growth rate of China's environmental major events in 2012 increased by 120%.One of the main reasons for this phenomenon is the lack of scientificity and openness of the licensing decisions made by the environmental protection administrative authorities.Thus,in 2004,the former State Environmental Protection Administration issued the Interim Measures for the Hearing of Environmental Protection Administrative Licensing,which opened the precedent for China's special hearing regulations.The Environmental Protection Administrative Licensing Hearing System closely links government power,civil rights,and environmental rights and interests.At the same time,the system is also a key channel for balancing the interests of the ecological environment,the public,and the government.It guarantees citizens' participation rights to a certain extent.Right to know.However,many problems have been exposed in practice,and the hearings have become more formalistic.This has made hearing such a good democratic political procedure widely questioned and has led to frequent outbreaks of group events.In China,the system is a relatively new topic,and both theoretical research and practical application are at the initial stage.Therefore,China's environmental protection administrative license hearing system urgently needs further exploration and improvement.In the context of the foregoing,this paper uses the methods of empirical analysis,comparative analysis,and value analysis to conduct a holistic study on the administrative licensing hearing system in China,find out the main problems in the system,and then put forward suggestions for improvement.In addition to the introduction and conclusion,this article mainly has the following four parts:The first part is the basic theory of China's environmental protection administrative licensing hearing.This part first defines the meaning of the administrative licensing hearing for environmental protection,and on this basis,it analyzes the differencesbetween the environmental protection administrative license hearing and the relevant legal systems.Then it discusses the unique legal features of the system,and finally introduces the theoretical basis of the system.The second part is related to the legal system and evaluation of the foreign environmental protection administrative license hearing.This section first analyzes the relevant legal systems of typical countries outside the region,and then evaluates the extraterritorial legal system for the hearing of environmental protection administrative licenses,and summarizes advanced experience for our country to learn and learn from.The third part is the legal status and existing problems of China's environmental protection administrative licensing hearing.First,we will sort out the legal status of the legal system.Then,on the basis of typical real cases that occurred in our country,the actual status of the system is analyzed.Further,the legal issues existing in the scope,main body,procedures,legal effects,legal responsibilities and remedies of the system are refined.The fourth part is the legal proposal to improve the administrative license for environmental protection in China.In view of existing problems,combined with China's own actual situation,we can draw a reasonable reference for advanced experience from outside the country,put forward operative legal advice,and propose a constructive proposal to establish a hearing information sharing platform in the “Internet +” field of vision and set up a re-hearing.System,supplementing new opinions on post-impossibility relief provisions for environmental administrative license hearings. |
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