Study On The Administrative Interview System Of Environmental Protection

In recent years,administrative interviews have been widely applied in many fields as an innovative method of administrative law enforcement by administrative agencies.China has been deeply troubled by environmental pollution and ecological destruction for a long time.With the awakening of citizens’ environmental awareness and the importance that the country attaches to environmental protection,The environmental protection administrative interview system emerged as a new type of environmental supervision method for environmental protection responsibility supervision of local governments and enterprises in China.On the one hand,environmental problems are becoming more and more serious,and we urgently need to implement the precautionary principle and manage environmental problems when they occur or may occur.On the other hand,China has changed from a traditional regulatory government to a service-oriented government,and the law enforcement model in the environmental field should also begin to change accordingly.On this basis,environmental protection administrative interviews have been widely implemented in various regions.Promulgated the "Interim Measures of the Ministry of Environmental Protection for Interviews" in 2014,The local government’s environmental protection responsibilities have been effectively implemented,and the transition from "supervising enterprises,to"supervising government" has been realized.This system plays an important role in the field of environmental governance.However,due to the relatively short development time of the administrative interview system,the lack of legislation at the high level and the lagging of its research in the theoretical circles,the environmental protection administrative interview system theory construction also faces many difficulties.This article studies the environmental protection administrative interview system,based on two aspects:national level interview and local level interview.Combined with specific interview practice cases,the problems existing in practice are analyzed to reflect the current dilemma of the system.The two aspects of the system are the legislative and operational aspects of the system.First of all,on the issue of legal supply,the current legal basis for interviews is insufficient and the legislative level is low;Secondly,regarding the content of the system,the existing legislative provisions of various documents are confusing,lack of rights remedy mechanism,and the content connection with related systems is not perfect;Finally,on the issue of system practice and operation,the long-term effectiveness is not enough,and the operation mode is also more unidirectional.Regarding the controversy in the theory of administrative interviews,this article believes that the regulatory administrative guidance is the most stable qualitative of it at present,and its qualitative involves the construction of the follow-up system relief mechanism,which leads to its perfection in non-litigation mechanism.By gradually raising the level of legislation,the Ministry of Environmental Protection’s Interim Measures for Interviews will first be upgraded to "Environmental Protection Interviews",In the environmental protection administrative interview system,a counter-complaint mechanism was established,principles and concepts were clarified,and a third-party evaluation system was creatively introduced to supervise the rectification actions after the interview.Through systematic research on the environmental protection administrative interview system,it provides a solid legal guarantee for the improvement of the later system and even the development of environmental protection in China.