Research On The Revocation Of Administrative License In The Field Of Ecological Environment

Since the 18 th National Congress,the ecological environment has become the core of the Party's and the national development strategy.As a powerful weapon to implement the principle of administration,protect the ecological environment and people's life and health,the revocation system of administrative license in the field of ecological environment has not been paid enough attention by the academic circles.The decision of the administrative organ to revoke the environmental license should be based on the neutral position,which is also the inevitable requirement of the public trust theory and the principle of procedural justice.It helps to measure the interests of all parties as fairly as possible and achieve the administrative goal of safeguarding public welfare to the greatest extent.However,the reality is that the position of the administrative organs to revoke environmental permits is biased towards safeguarding economic interests,departmental interests and even personal interests.The revocation of environmental permits may become a tool for the administrative organs to seek departmental interests.The current legal provisions of environmental permit revocation in China are imperfect,including too wide scope of application,lack of revocation procedure and weak follow-up supervision,which weakens the protection of the neutrality of administrative organs by legal rules.It is precisely because of the loopholes in substantive and procedural laws in the revocation of environmental permits that administrative organs have the possibility of seeking the interests of departments through revocation,including the policy reasons such as the pressure of central supervision or performance appraisal,or the social reasons such as environmental issues arousing public concern.The execution of the right of ownership and supervision of natural resources on behalf of the state means that the administrative organs can restore their authority to manage natural resources by revoking environmental licenses.In the field of revocation of environmental licenses,the administrative organs are not only the perpetrators of revocation but also the beneficiaries of revocation,which fundamentally affects the neutral status of the administrative organs and logically leads to the execution.The possibility of abusing the revocation right of environmental license by the government.In order to ensure the neutrality of administrative organs as far as possible,on the one hand,we should play the role of trust protection principle and interest measurement in remedying the loopholes in substantive law and procedural law within the scope of existing laws,and provide extra-legal restrictions for the realization of the neutrality of administrative organs.In view of the legal deficiencies of the system of revocation of environmental permits,the author puts forward some suggestions for standardizing the exercise of the right of revocation of environmental permits by administrative organs from three aspects: standardizing the scope of application of revocation,strengthening the guarantee of public participation in the revocation procedure,and improving the supervision of revocation of environmental permits.