XU Dan    Law School

Abstract:In recent years,there has been a rapid increase in the number of environmental massincidents in China.According to Yang Chaofei,former chief engineer of the Ministry ofEnvironmental Protection and vice chairman of the China Environmental Science Society,the number of environmental mass incidents has remained at an average annual rate of29%since 1996.The growth rate of China's environmental major events in 2012increased by 120%.One of the main reasons for this phenomenon is the lack ofscientificity and openness of the licensing decisions made by the environmentalprotection administrative authorities.Thus,in 2004,the former State EnvironmentalProtection Administration issued the Interim Measures for the Hearing of EnvironmentalProtection Administrative Licensing,which opened the precedent for China's specialhearing regulations.The Environmental Protection Administrative Licensing HearingSystem closely links government power,civil rights,and environmental rights andinterests.At the same time,the system is also a key channel for balancing the interests ofthe ecological environment,the public,and the government.It guarantees citizens’participation rights to a certain extent.Right to know.However,many problems havebeen exposed in practice,and the hearings have become more formalistic.This has madehearing such a good democratic political procedure widely questioned and has led tofrequent outbreaks of group events.In China,the system is a relatively new topic,andboth theoretical research and practical application are at the initial stage.Therefore,China's environmental protection administrative license hearing system urgently needsfurther exploration and improvement.In the context of the foregoing,this paper uses the methods of empirical analysis,comparative analysis,and value analysis to conduct a holistic study on the administrativelicensing hearing system in China,find out the main problems in the system,and then putforward suggestions for improvement.In addition to the introduction and conclusion,thisarticle mainly has the following four parts:The first part is the basic theory of China's environmental protection administrativelicensing hearing.This part first defines the meaning of the administrative licensinghearing for environmental protection,and on this basis,it analyzes the differences between the environmental protection administrative license hearing and the relevantlegal systems.Then it discusses the unique legal features of the system,and finallyintroduces the theoretical basis of the system.The second part is related to the legal system and evaluation of the foreignenvironmental protection administrative license hearing.This section first analyzes therelevant legal systems of typical countries outside the region,and then evaluates theextraterritorial legal system for the hearing of environmental protection administrativelicenses,and summarizes advanced experience for our country to learn and learn from.The third part is the legal status and existing problems of China's environmentalprotection administrative licensing hearing.First,we will sort out the legal status of thelegal system.Then,on the basis of typical real cases that occurred in our country,theactual status of the system is analyzed.Further,the legal issues existing in the scope,main body,procedures,legal effects,legal responsibilities and remedies of the system arerefined.The fourth part is the legal proposal to improve the administrative license forenvironmental protection in China.In view of existing problems,combined with China'sown actual situation,we can draw a reasonable reference for advanced experience fromoutside the country,put forward operative legal advice,and propose a constructiveproposal to establish a hearing information sharing platform in the“Internet+”field ofvision and set up a re-hearing.System,supplementing new opinions onpost-impossibility relief provisions for environmental administrative license hearings.

Read the article here:       我国环境保护行政许可听证法律问题研究_徐丹.pdf