Research On Administrative Order Relief For Ecological Environmental Damage

With the continuous progress of ecological civilization construction in our country,the importance of the work of ecological environmental protection is becoming increasingly prominent,and the relief of ecological environmental damage has also become a hot topic of research in recent years.At present,the main remedies for ecological damage include the compensation system of ecological damage,the system of environmental public litigation and environmental administrative punishment.Compared with the above relief methods,administrative order plays an important role in risk prevention,ecological environment restoration,emergency relief and other aspects,and has the advantages of simple,timely and efficient application.However,due to the insufficient provisions of the existing laws and regulations,it fails to play its due effect in the relief of ecological environmental damage,and a series of problems appear in the specific application,such as confusion with other administrative relief methods,confusion of application procedures,unclear relief path of the relative party,etc.Based on this,this paper studies the relief of administrative order for ecological environmental damage,interprets it from the aspects of theoretical logic and institutional functions,combs the existing laws and regulations and typical cases,and puts forward specific suggestions for improvement based on practical investigation.The article consists of four parts.In the first part,on the basis of sorting out the meaning of related terms such as ecological environmental damage and administrative order,the necessity of relief for ecological environmental damage caused by administrative order is analyzed from the perspectives of theoretical logic and institutional function.The second part explains the current situation of the relief of ecological environmental damage administrative orders through the legislative combing and practice investigation.The third part discusses the dilemma of application of administrative order relief for ecological environmental damage based on the analysis of the current situation of administrative order relief in the second part.Finally,it is suggested to establish a relief system of priority application of administrative order relief for ecological environmental damage,and explore the normative approach of environmental administrative order from the perspectives of regulating the entity content of environmental administrative order,improving the procedure of environmental administrative order and unblocking the relief channels of environmental administrative order.