环境行政法调整机制研究

发布时间：2018-12-11 01:12

【摘要】：人类在开发环境满足自身需求的同时也对环境造成破坏,这些破坏又反作用于人类本身,从而导致环境污染、环境破坏,成为危害人类生存和发展的重大难题。解决环境问题的法律手段包括民事手段、刑事手段及行政手段等,然而运用法律手段调整环境领域内涉及面最广、最复杂的环境行政关系对缓解严峻的环境形势、环境治理与保护工作的开展具有极其重要的意义。法律调整机制是法学理论的重要研究范畴,它是从整体上对法律手段调整社会关系进行的理解和把握,环境行政法调整机制是法律调整机制在环境行政领域的具体运用,其运行效果直接关系到我国的环境治理与保护。当下,环境危机依然严峻的形势表明我国环境行政法调整机制存在着不足,因此,分析研究我国环境行政法调整机制的动态运行全过程对提高其运行效率、改善环境质量具有重要作用。当前,贯穿我国环境行政法调整机制动态运行全过程的理念包括人类中心主义理念与传统行政法理念。这两种理念割裂了人与自然、公权力与私权利的友好关系,将自然视为人类利用、支配对象,将环境行政机关与相对人置于对立状态,不利于环境行政工作的开展,使环境行政法调整机制功能趋于弱化。环境行政法调整机制的具体运行过程也存在各种问题,首先立法方面存在立法空白、原则性内容过多等问题,体现为立法缺乏科学性。其次执法机制设置不合理,执法机关受同级政府及上级执法机关双重管理,人员及资金投入不足,执法手段不灵活。最后,现有监督机制因公力监督不力、私利监督力量薄弱而流于形式,难以实现预设功能。为防止环境危机的进一步加深,势必要解决环境行政法调整机制存在的问题,为其高效运行奠定理论基础。随着生态整体主义不断深入人心,环境不应再被视为人类可控制、利用的对象,而应将其作为与人类共同生活在地球上的主体对待。只有在这种理念下才能实现人与自然的和谐、可持续发展,更好地解决环境污染、环境破坏问题。同时由于相对人主体意识的不断提升,环境行政机关在行使公权力时也应转变传统行政理念,仅仅通过强制性地对相对人发号施令的管理模式已经不能满足现代公共行政治理理念的需求。只有在与相对人进行沟通、协作之后采取的调整手段才具有实质合理性,才能实现调整手段的最大效能,调整理念的转变势必会指引环境行政法调整机制走向高效运行之路。此外,对理念指引下的立法、执法、监督机制也要进行相应的完善,通过弥补立法空白、提高法律法规可操作性等方式提高立法科学性、明确相关立法内容;通过建构独立的专门环境行政执法机关体系、加大人员及资金投入、丰富环境行政执法手段等方式完善执法机制;通过增强私利监督力量等方式提高监督机制落实度。完善环境行政法调整机制,既完善其运行理念,又要对其具体立法、执法、监督机制进行提升,从理论及实践双重层面入手,为环境行政法调整机制的高效运行提供完善路径。
[Abstract]:At the same time, the human being in the development of the environment to meet its own needs also causes damage to the environment, which in turn reacts to the human itself, resulting in environmental pollution and environmental destruction, which is a major challenge to the survival and development of mankind. The legal means to solve the environmental problems include the civil means, the criminal means and the administrative means, etc. The development of environmental governance and protection is of great significance. The legal adjustment mechanism is an important research category of the law theory, which is the understanding and grasping of the adjustment of the social relations from the whole, and the adjustment mechanism of the environment administrative law is the concrete application of the legal adjustment mechanism in the field of environmental administration. Its running effect is directly related to the environmental management and protection of our country. At present, the situation of environmental crisis is still grim, which indicates that the adjustment mechanism of environmental administrative law in our country is not enough, so it is important to analyze and study the whole process of the dynamic operation of the adjustment mechanism of environmental administrative law in our country to improve its operation efficiency and improve the environmental quality. At present, the concept of the whole process of dynamic operation through the adjustment mechanism of the environmental administrative law of China includes the concept of anthropocentrism and the concept of traditional administrative law. The two concepts have separated the friendly relations between man and nature, the public power and the private rights, and will be regarded as the human use and the dominant object, and put the environmental administrative organ and the relative person in the opposite state, which is not conducive to the development of the environmental administration work, so that the function of the environmental administrative law adjustment mechanism tends to be weakened. The specific operation process of the adjustment mechanism of the environmental administrative law also has various problems. First, there are some problems in the legislation, such as the blank of the legislation and the excessive principle contents, which is reflected in the lack of the scientific nature of the legislation. Secondly, the mechanism of law enforcement is not reasonable, and the law enforcement agencies are subject to the double management of the government at the same level and the law enforcement agencies of the higher level, and the personnel and the funds are not enough, and the law enforcement measures are not flexible. In the end, the existing supervision mechanism is in the form of weak supervision of the public power and weak power of self-interest, and it is difficult to realize the preset function. In order to prevent the further deepening of the environmental crisis, it is bound to solve the problems existing in the environment administrative law adjustment mechanism and lay a theoretical foundation for the efficient operation of the environment. With the development of the ecological holism, the environment should not be regarded as the object of human being controlled and used, and it should be treated as a subject living on the earth with the human. Only in this concept can the harmonious and sustainable development of human and nature be realized, and the problem of environmental pollution and environmental damage can be better solved. At the same time, due to the continuous improvement of the consciousness of the relative human body, the environmental administrative organ should also change the traditional administrative idea in the exercise of the public power, and the management mode of the relative person's issuing order can not meet the needs of the concept of the modern public administration. Only after communication with the opposite person, the adjustment means adopted after the cooperation is of substantial rationality can the maximum efficiency of the adjustment means be realized, and the change of the adjustment idea will lead to the way of the adjustment mechanism of the environmental administrative law to the efficient operation. In addition, the legislation, law enforcement and supervision mechanism under the guidance of the concept should be perfected, and the legislative science should be improved by making up the blank of legislation, improving the operability of laws and regulations, and making clear relevant legislative contents; and through the construction of an independent special environment administration law enforcement agency system, Improve the law enforcement mechanism in such a way as to increase the personnel and investment, enrich the environment and administrative law enforcement, and improve the implementation degree of the supervision mechanism by enhancing the power of self-interest supervision. To perfect the adjustment mechanism of environmental administrative law, to improve its operation concept, to improve its specific legislation, law enforcement and supervision mechanism, to provide a perfect path for the efficient operation of the environmental administrative law adjustment mechanism.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.1

【相似文献】