Research On The Administrative Interview System Of Environmental Protection In China

Environmental protection interview is a new way of law enforcement adopted by relevant administrative departments with environmental protection responsibilities to solve environmental problems more efficiently,which is frequently used in the field of environmental supervision and law enforcement.In practice,the current environmental protection interview has been widely carried out in three modes,government head type,enterprise leadership type and hybrid type,and achieved remarkable results.But at the same time,it inevitably exposed many problems.Since the implementation of the Interim Measures for interviews with the Ministry of environmental protection,various localities have successively formulated legal documents for environmental protection interviews according to their own actual conditions.However,due to the lack of high-level legislation and immature theoretical research,the system has faced many difficulties at the beginning of its construction,such as unclear concepts,unclear attributes,inconsistent legal provisions and imperfect supporting mechanisms.First of all,based on the analysis and summary of the mainstream academic views of environmental protection interviews,this paper defines the concept of environmental protection interviews based on the practice of various places,As a system widely used in the field of environmental law enforcement,the connotation of environmental administrative interview includes the external interview with the relative people and the internal interview between the administrative organs.It refers to the administrative organs that enjoy the power of environmental protection,with in the scope of their power,the persons in charge of the local governments and their relevant departments that fail to perform the responsibility of environmental protection or fail to perform in place,as well as those that have occurred or may occur The person in charge of an enterprise that can commit environmental violations shall correct the environmental problems by means of consultation and exchange,warning and warning,putting forward rectification opinions and urging the rectification in place,so as to ensure that local governments and enterprises implement the administrative measures of environmental protection responsibility.The legal attributeof environmental protection interview is classified as administrative guidance.There are similar characteristics between environmental protection interview and administrative guidance.When there is no perfect legal system to regulate it,it is the most appropriate way to classify its legal attribute as the most similar administrative guidance behavior.This paper systematically analyzes and summarizes the mode,conditions,subject,object,content and effect of environmental protection interview,and combs the whole procedure structure of environmental protection interview system.Secondly,it expounds the necessity and theoretical basis of the environmental protection interview system,Through investigation,severe environmental forms,construction of service-oriented government,and innovation of environmental law enforcement mode promote the emergence of environmental protection interviews.The traditional command-based government management mode has been transformed into consultation and cooperation based public management mode.As a new law enforcement mode,environmental protection interviews are closely related to the value objectives of construction of service-oriented government and the concept of consultation and cooperation based public management mode.Environmental governance theory,new public management theory and balance theory provide a solid theoretical basis for environmental protection interviews.Thirdly,based on the current situation and practice of the environmental protection interview system,it is found that there are three problems in the environmental protection interview system,insufficient legislative supply,imperfect operation mechanism and imperfect accountability mechanism.Specifically,at the level of legislative supply,there is a lack of high-level legislation.The central special legislation only has the Interim Measures of the Ministry of environmental protection on interviews,which can not better guide the local legislative practice.The level of effectiveness of local legislation is relatively low,which is basically regulated in the form of normative documents and the contents are different.The application of local environmental protection interview practice is prone to confusion due to the inconsistency of laws and regulations.At the level of operation mechanism,the problems such as single interview object,nonstandard interview procedure,endtreatment of interview subject tendency,admonition type interview still being the main form of interview in practice gradually emerge in the process of interview operation.At the level of accountability mechanism,there are many problems that need to be solved urgently,such as rich administrative color,unclear accountability list and unscientific means.Finally,in view of the above problems of the environmental protection interview system in China,this paper proposes the improvement path from the three mechanisms of legislation,operation and accountability.Specifically speaking,in the legislative level,to improve the legislative rank,if necessary,we can promote the amendment of the environmental protection law as soon as possible or in the case that the amendment of the law is not mature,the State Council can also formulate administrative regulations to give clear guidance to local legislation,unify the legal standards,so as to prevent local areas from expanding or narrowing the scope of interviews at will.At the operational level,a joint interview mechanism should be established to clarify the common but differentiated responsibilities of different departments,so as to improve the efficiency of environmental governance,the starting standard must establish the principle of prevention priority,adhere to the concept of protection priority,prevention priority,prevent pollution from the source;improve the system of information disclosure and public participation;and implement the supervision and return visit system.At the level of accountability,we should clarify the subject and form of responsibility,standardize the procedure of responsibility investigation,clarify the responsibility,distribute reasonably,clarify the responsibilities of relevant departments,discuss the size of responsibility according to different standards,and stipulate the right of interviewees to get relief in the improper responsibility investigation.