| Environment is a necessary condition for human survival,the quality of ecological environment determines the quality of human life,with the increasing of the population,People’s development and utilization of resources are also further increased,Inevitably,it has a negative impact on the ecological environment,in the case of increasingly fierce competition in socialist market economy,each economic entity in order to pursue the maximization of economic benefits,it caused chaos in the economic order,to improve competitiveness at the expense of the ecological environment,A series of environmental pollution problems have arisen in the production activities.The cause of environmental pollution are complicated,the economic development of enterprises and human production activities are the main reasons,but it is also partly due to environmental regulators and other administrative bodies concerned with the environment,When environmental pollution problems occur,environmental regulatory departments fail to fulfill,delay or even fail to fulfill their environmental regulatory obligations,leading to more environmental pollution problems.Environmental monitoring administrative omission phenomenon occur frequently,has strong harmfulness,and current due to the pursuit of rapid economic development,people’s environmental awareness is low,for the environment supervision administrative not as the illegal phenomenon is not given enough attention,so the study of this phenomenon is relatively small,lack of system theory.Therefore,in the ecological environment is particularly important today,the study of environmental regulatory administrative omission is of great significance to the construction of a good ecological environment and the sustainable development of economy.In this paper,the environmental regulatory administrative omission as the title,from the following parts of the analysis: the first part,a detailed introduction of the environmental regulatory administrative omission as the concept and components of the elements,elaborated on the "administrative omission" in the academic circle of the main theoretical views;The second part,introduces the specific performance of environmental regulatory administrative omission,this illegal behavior runs through the various stages of administrative action,respectively elaborated administrative licensing,administrative punishment,administrative enforcement,administrative supervision and other stages of environmental regulatory administrative omission phenomenon;introduces the environmental regulatory administrative omission has the harm,from the enterprise,environmental regulatory administrative organs,the public three points of view to explain;The third part,analyzes the causes of the phenomenon of administrative omission in environmental supervision.The main reasons are as follows: local government protectionism,environmental regulatory department’s own limitations,environmental supervision system is not perfect,the accountability mechanism is not perfect;The last part,according to the actual situation of our country,for the regulatory authority in the administrative regulation environment does not put forward some suggestion as to this phenomenon,mainly as follows: establish environmental regulation of administrative inaction beforehand prevention mechanism,perfect the system of environmental administrative supervision and law enforcement,improve the system of environmental public interest litigation,establish environmental monitoring system of state compensation of administrative inaction. |
