Research On Administrative Remedy Path For Ecological Environmental Damage

According to the current legislation and judicial practice in China,there are two main legal ways to realize the relief of ecological environmental damage in China: judicial relief and administrative relief.Among them,the administrative remedy path is divided into two parts: the traditional "command-control" administrative remedy path which takes administrative order,administrative punishment and administrative coercion as the main means,and the new "cooperation-consultation" administrative remedy path which takes the administrative compensation consultation system as the main means.With the continuous occurrence of ecological and environmental damage events,it is an inevitable choice to perfect and link up the two existing ecological and environmental damage relief paths in China.Ecological damage relief in the field,we should insist on the principle of the path of administrative remedy in preference to the judicial relief,the first "cooperation-consultation" administrative relief path,after "command-control" path of public accountability mechanism of administrative remedy,and at the same time play to the environmental public interest litigation for supervision,the supervision of the relevant administrative authority,and ecological environmental damage compensation lawsuit out,pushing the ecological and environmental damage relief work.This paper mainly includes five parts:The first part of the paper is introduction.Through the analysis of the advantages and disadvantages of the existing legislative provisions and practical experience in the judicial relief path and administrative relief path of ecological environmental damage,the background and significance of the topic selection of this paper are drawn out.Then,the author summarized the domestic and foreign legislation and scholars’ research status on the administrative relief path of ecological environmental damage to provide theoretical reference for the improvement of the ecological environmental damage relief system in China.Finally,this paper briefly introduces the research methods,existing innovations and deficiencies.The second part of the paper,China’s ecological environmental damage relief path analysis.This part first points out that China’s current relief for ecological environmental damage focuses on judicial means,while the role of administrative means needs to be further played.Then through further analysis of the plight of the compensation for ecological environmental damage litigation and the plight of the environmental public interest litigation in the path of judicial relief,it is clear that administrative relief should be applied first in the relief of ecological environmental damage,while the advantages of judicial relief can not be denied.The third part of the paper,the rationality of the administrative relief path of ecological environmental damage.This part mainly expounds the necessity and rationality of "command-control" administrative relief path represented by administrative order,administrative penalty and administrative coercion,as well as the rationality of "cooperation-consultation" administrative relief path dominated by administrative consultation system.It is concluded that compared with the judicial remedy path of ecological environmental damage,the administrative remedy path should be applied first because of its initiative,stability and precaution.The fourth part of the paper,the main problems existing in the administrative relief path of ecological environmental damage.This part points out the shortcomings of "command-control" and "cooperation-consultation" administrative relief paths through sorting out the problems exposed in the legal level and the practical operation process of administrative relief for ecological environmental damage in China.The fifth part of the paper,the improvement of the administrative relief path of ecological environmental damage.This part puts forward relevant suggestions on the improvement of the two administrative relief paths,and makes arrangements on how to link up the two administrative relief paths as well as the administrative relief paths and the judicial relief paths.