ZHANG Lei    Law School

Abstract: Since 1996, the incidence of environmental mass incidents in China has been an average increase of nearly 30%, the main reason behind the high growth rate is the lack of openness of administrative decision-making of administrative organs, the environmental information disclosure system is not healthy, in response to this, the State Environmental Protection Administration issued the Interim Measures for environmental protection administrative license Hearing in 2004, through the office The promulgation of the law fully gives citizens the opportunity to participate in the administration, and improves the transparency of the hearing to a certain extent. However, many problems have also been exposed in practice, mainly reflected in the insufficient theoretical research on the system of environmental administrative license hearing and the lack of effective supervision in the hearing activities, which seriously affect the fairness and rationality of the hearing, and then make the public refuse to accept the hearing results, doubt the value of the hearing, breeding unstable factors. Therefore, the issue of environmental administrative license hearing activities should be worthy of our attention. The purpose of this paper is to study the problems found in the practice of "Interim Measures for Environmental Protection Administrative License Hearing" over the years, find out the causes of the problems, and then propose solutions to this analysis. Finally, it can achieve the effect of ensuring the transparency of the hearing procedure, the environmental administrative organs performing their duties according to law, the citizens' right to know can be well protected, the disputes on environmental issues can be reduced, and the social stability and harmony can be achieved. This paper first starts with the concept of administrative license system and hearing system, combined with the characteristics of environmental problems, puts forward the concept of environmental administrative license hearing system, and then analyzes and compares the differences between the traditional administrative license hearing system and the environmental administrative license hearing system, and through the interpretation of the Interim Measures for Environmental Protection Administrative license Hearing and the latest Environmental Protection Law, and draws on foreign countries On the basis of the experience, the paper discusses the value of the environmental administrative license hearing system from the academic level. At the same time, it establishes a series of comprehensive and complete specific rules such as participants, hearing procedures and supervision and relief, as the framework of the whole paper. Finally, on the basis of the theory and practice of our country's environmental protection administrative license hearing system, from the concrete rules and ideas to improve the system ideas and suggestions.

Read the article here:    【环境保护】我国环境行政许可听证制度研究.pdf