Research On The System Of Environmental Administrative Interview

As a new means of environmental supervision,the system of environmental administrative interview is the specific performance of flexible law enforcement in the field of environmental law enforcement.Although China is in the initial stage of environmental administrative interview system,it has been widely used in practice and has played a good role in the governance of environmental problems and achieved certain results.The former Ministry of environmental protection promulgated the Interim Measures for interview of the Ministry of environmental protection in 2014,which put forward a clear direction for the local government to implement the administrative interview,and the number of local government regulations and normative documents increased rapidly.In 2020,the Ministry of ecological environment issued the "interview method of the Ministry of ecological environment",which provides the institutional basis for the environmental administrative interview system.However,the legal level is still not high,and only stays in the department rules.Due to the lack of superior law,the legal system of the system is not perfect,and there are still many problems.First of all,it summarizes the environmental administrative interview system in theory.Based on the current situation of the implementation of administrative interview in the field of environment,this paper first expounds its concept,and then further expounds the legal attributes,characteristics,functions and significance of environmental administrative interview,and puts forward the theoretical basis to be combined in the analysis of environmental administrative interview: the balance theory of administrative law,the theory of soft law and the theory of public participation,which paves the way for the full text Mat.Secondly,it describes the current situation of environmental administrative interview system in China.In the current situation of legislation,this paper expounds the provisions of laws and regulations,and collects,sorts out and analyzes 56 normative documents of the existing environmental administrative interview system.In the specific analysis of departmental rules and regulations,the newly revised "interview method of the Ministry of ecological environment" is analyzed in detail.In the analysis of environmental administrative interview mode,this paper summarizes three modes of environmental administrative interview,including internal interview mode,external interview mode and mixed interview mode,and gives practical examples to illustrate the specific situation of these three modes.In the procedure of environmental administrative interview,the specific steps of the current environmental administrative interview are explained.Furthermore,according to the combination of theory and practice,it points out the problems existing in the environmental administrative interview system.There are obvious deficiencies in the legal basis,specifically for the performance,the legal provisions are not unified,the effectiveness level is not high.It also includes the problems of vague legal attribute positioning and no clear legal concept.As well as the subject scope is too narrow,operation mechanism alienation,supervision mechanism is not perfect.Finally,in the analysis of the environmental administrative interview system,combined with the existing problems,put forward reasonable and scientific countermeasures.This paper attempts to put forward that we should strengthen the system legislation,enhance the effectiveness level;clarify the system concept of prevention priority and service-oriented government;expand the scope of participation,clarify the responsibility subject;strengthen the internal and external supervision mechanism;improve the environmental administrative interview system through environmental administrative complaints,improve administrative compensation and other relief ways,so as to promote the development of China’s environmental protection work Exhibition.