YAO Siyu    Law School

Abstract:In recent administrative order relief of ecological environment damage is divided into two types: order correction type and elimination of environmental damage result type. In practice, through consulting the relevant content of the referee document network, this paper summarizes the practice. By summing up the current situation of the administrative order relief of ecological environment damage mentioned abovproblems are concluded: the administrative order relief does not form a linkage mechanism with other relief methods, the application of the order type administrative order law is vague, the scope of authority of the environmental administrative order is not clear, and the relief way of the administrative counterpart is lack. In the third part, the author puts forward some suggestions on the above four issues from the following four aspects: using the joint relief mode of administrative order relief and judicial relief, standardizing the legal application of order type administrative order, clarifying the scope of authority of environmental administrative order and improving the relief ways of administrative counterpart. Under each suggestion, the author carries out two three-level headings to explain and improve thsuggestions Description, to promote the administrative order relief can be better integrated into the ecological environment damage relief system. Key words: Damage to ecological environment  Environmental public interest litigation  Relief of administrative order  Order correction The second part mainly expounds the current situation of legislation and practice of administrative order relief at home and abroad. In the current legislative situation, the current administrative order relief of ecological environment damage is divided into two types: order correction type and elimination of environmental damage result type. In practice, through consulting the relevant content of the referee document network, this paper summarizes the practice. By summing up the current situation of the administrative order relief of ecological environment damage mentioned above, four problems are concluded: the administrative order relief does not form a linkage mechanism with other relief methods, the application of the order type administrative order law is vague, the scope of authority of the environmental administrative order is not clear, and the relief way of the administrative counterpart is lack. In the third part, the author puts forward some suggestions on the above four issues from the following four aspects: using the joint relief mode of administrative order relief and judicial relief, standardizing the legal application of order type administrative order, clarifying the scope of authority of environmental administrative order and improving the relief ways of administrative counterpart. Under each suggestion, the author carries out two three-level headings to explain and improve the suggestions Description, to promote the administrative order relief can be better integrated into the ecological environment damage relief system.

Read the article here:       论生态环境损害的行政命令救济_姚思禹.pdf