HE Yongfeng    Law School

Abstract: As the common problems and challenges that most countries in the world are faced with nowadays, environmental problems are linked with national security, international status sustainable development of a country and the safety of its people's lives and property. Some environmental problems have even seriously restricted the economic development of certain countries .Environmental problems are mainly caused by human activities in the long history such as excessive deforestation, unlimited discharge of sewage and exhaust gas, thus environment and the ecological balance are sacrificed for temporary economic growth. And it is hard for the traditional means of environmental administration, which is characterized by mandatory command and obedience, to cope with the complicated, technicalized and internationalized environmental problems. Some western countries introduce the administrative guidance means into the field of environmental administration uder such conditions, producing a new kind of environmental administrative guidance environmental administrative means. Having the features such as being flexible rather than mandatory, imbalanced environmental administrative guidance focuses on public participation mechanism and the consultation and consensus to relative person; it adopts the interest induced mechanism, making the relative people accept guidance through encouragement support, and incentives, etc. It well made up the defects of traditional environmental administrative management and enhanced the credibility of government, thus developed into an important way for environmental governance. Although the achievements of China's environmental administrative guidance system in environmental protection is significant, there are still lots of problems: the weak legal basis, the inadequate regulation procedure, the ill-defined main responsibility, the lack of necessary relief measures, etc.

The Eighteenth Session of the National People's Congress demands us to do a good job in the ecological environmental protection reform, actively explore new ways for environmental protection, vigorously promote the development of ecological civilization, and make greater contributions to the construction of a beautiful China. In order to make the establishment of environmental administrative guidance system more mature in our country, this paper starts from the analysis of the basic theory of environmental administrative guidance, mainly focusing on the analysis of its nature and function. It gets the ideas that the environmental administrative guidance is a new administrative behavior and it's actionable, secondly, we get the above four problems existing in China by analyzing the current situation of environmental administrative guidance; thirdly, this paper introduces and analyzes in detail the environmental administrative guidance systems in Japan, Canada, America and France, from which we find three points to learn from them: the establishment of a sound legal basis, the diversity of guided means and the adequacy of relief ways;, in the end, this paper puts forward specific measures to solve the problems by combining what we learned from the four countries’ environmental administrative guidance law with the specific conditions of China, For the weak legal basis, it puts forward to perfect the authority, scope, procedure and related legal system of environmental administrative guidance as to the imperfect standard procedures, it suggests to regulate from the decision-making process and the implementation of procedures; as regard the ill-defined main responsibilities, it proposes four cases as the alienated, the unfulfilled commitments, the wrong and the illegal; for the lack of necessary relief measures, it brings forward that the environmental administrative guidance be included in the administrative reconsideration and administrative litigation, and allows the relative person to have the right to obtain administrative compensation.

Read the article here:    我国环境行政指导法律问题研究_何勇锋.pdf