论环境行政主体的外部行政责任
发布时间：2019-05-23 10:54
【摘要】： 环境行政主体肩负着保护公众生活和生态环境的重任,为督促其充分而积极的行使环境管理职权,需要对其违法行为进行及时有效的责任追究。环境行政主体的外部行政责任即环境行政主体因为违反环境行政法律规定而对行政相对人所承担的行政责任。由于我国环境立法受到环境行政的干预,环保法律法规多是从环境行政主体的角度立法,为相对人设定义务、责任,却缺乏对环境行政主体自身权力行使的约束与监督。现行立法的严重缺失,导致了近年来环境行政违法特别是环境行政不作为现象非常普遍。由于环境行政主体代表国家行使着环境保护的职权,有效监督环境行政主体,确保其依法行政对于我国实现依法治国、环境保护的双重目标具有非常重要的意义。本文试图在对环境行政主体外部行政责任的构成要件、承担责任的形式分析的基础上,对其责任追究机制提出完善的建议,为加强我国环境行政主体的外部行政责任的追究贡献绵薄之力。 本文从研究环境行政主体行使行政管理权和承担行政责任的理论依据,介绍了目前我国环境行政主体的外部行政责任基本情况,分析了环境行政主体外部行政责任的构成要件和责任追究机制。结合国外环境行政主体的外部行政责任的理论研究和实践经验,本文重点分析了我国目前环境管理中普遍存在的问题,主要包括行政不作为、抽象行政行为违法缺乏相应的责任规定、现行国家赔偿制度本身存在的缺失以及由于追究机制不完善导致相对人的受损权益得不到充分救济,并提出相应的对策建议。 本文澄清了环境行政责任的内部责任与外部责任的区别,指出外部行政责任才是环境行政主体承担的实质责任。在分析环境行政主体外部行政责任的构成要件包括违法行为、责任能力、危害后果及因果关系,以及借鉴国外相关经验的基础上,笔者认为,违法的抽象行政行为、行政不作为等也应纳入司法审查范围,并应承担对相对人的赔偿责任,这对进一步完善环境行政管理极其重要。针对环境行政主体外部行政责任的具体形式,本文重点探讨了行政赔偿问题,分析了现行《国家赔偿法》的不足之处,特别是通过对日本国家赔偿法发展变革的对比分析,笔者提出,应扩大国家在环境赔偿上的责任范围、加大对环境行政不作为赔偿的重视力度。最后,本文探讨了环境行政主体外部行政责任的追究机制,包括权力机关追究机制、行政追究机制、司法追究机制,比较了各种追究机制的特点和不足,指出司法追究机制才是对行政行为最有效的监督机制。同时,要真正发挥司法追究机制的作用,必须建立公益诉讼制度,本文从原告资格和诉讼费用负担两个角度对建立行政公益诉讼制度进行了分析并提出政策建议。 环境行政主体是代表国家行使对环境保护的职权,有效监督环境行政主体的合法行政则是对环境保护最有力的措施。而有效的监督必须建立对其苛以相应责任的基础上。没有苛以责任的义务就不是义务,对环境行政主体只赋予行政管理权力而不规定相应责任,只会导致行政主体滥用行政权力或不履行法定职责,从而无法实现保护环境的目的。因此,对环境行政主体赋予管理权力的同时,必须规定相应的责任,以确保其合法、合理行政,做到及时、有效、充分的履行环境行政职权。
[Abstract]:The main body of the environmental administration has the important task of protecting the public life and the ecological environment, and in order to urge them to exercise the environmental management authority fully and actively, it is necessary to carry out the timely and effective responsibility for the illegal activities. The external administrative responsibility of the environmental administrative subject, that is, the administrative responsibility of the environmental administrative subject to the administrative relative person because of the violation of the environmental administrative law. Because the environmental legislation of our country is subject to environmental administrative intervention, the environmental protection laws and regulations are the angle legislation of the environmental administrative subject, the duty and the responsibility for the relative people, but the lack of the restriction and supervision of the self-power of the environmental administrative subject. The serious deficiency of the current legislation has led to the fact that the environmental administration in recent years, in particular the environmental administration, is not a phenomenon. Because the environmental administrative subject represents the power of the state to exercise the environmental protection, the main body of the environmental administration is effectively supervised so as to ensure that the administration by law is of great significance to the realization of the country's rule of law and the dual goal of environmental protection. On the basis of the analysis of the constitution of the external administrative responsibility of the environmental administrative subject and the form analysis of the responsibility, this paper puts forward the perfect suggestion to the accountability mechanism of the environmental administrative subject to make a contribution to the strengthening of the external administrative responsibility of the environmental administrative subject in our country. In this paper, the author introduces the basic situation of the external administrative responsibility of the environmental administrative subject in our country from the basis of the study of the administrative power and the administrative responsibility of the main body of the environmental administration, and analyzes the component and the responsibility of the external administrative responsibility of the environmental administrative subject. Based on the theoretical research and practical experience of the external administrative responsibility of the foreign environmental administrative subject, this paper focuses on the existing problems in the current environmental management of our country, mainly including the administrative omission, the abstract administrative act and the illegal lack of corresponding responsibility. The deficiency of the existing national compensation system itself and the lack of adequate remedy for the injured rights and interests of the relative people due to the failure of the investigation mechanism and the corresponding countermeasures are put forward. The article clarifies the difference between the internal responsibility and the external responsibility of the environmental administrative responsibility, and points out that the external administrative responsibility is the responsibility of the environmental administrative subject. On the basis of analyzing the elements of the external administrative responsibility of the environmental administrative subject, such as the illegal act, the responsibility ability, the harm result and the causality, and the reference to the foreign experience, the author holds that the abstract administrative act of the law and the administrative omission should also be included in the division. The scope of the law review and the liability for compensation for the opposite person shall be borne by the law, which will further improve the environmental administration In the light of the specific form of the external administrative responsibility of the environmental administrative subject, this paper focuses on the problems of administrative compensation, analyzes the shortcomings of the current state compensation law, in particular through the comparative analysis of the development of the national compensation law in Japan. The author put forward that the responsibility scope of the state in environmental compensation should be expanded, and the environmental administration should not be compensated. Finally, this paper discusses the mechanism of the accountability of the external administrative responsibility of the environmental administrative subject, including the mechanism of the power organ, the mechanism of administrative investigation, the mechanism of judicial investigation and the comparison of the various kinds of accountability mechanisms. The mechanism of the judicial prosecution is the most effective to the administrative act. At the same time, in order to play the role of the judicial prosecution mechanism, it is necessary to establish a public interest litigation system. This paper analyzes the establishment of the administrative public interest litigation system from the two angles of the plaintiff's qualification and the litigation cost. The main body of the environment is to exercise the authority of the state to protect the environment, and the effective supervision of the legal administration of the environmental administrative subject is the environment The most powerful measure is to be protected. On the basis of the corresponding responsibility, it is not the duty of the duty to be responsible, and it is not the duty to grant the administrative power to the administrative subject of the environment, which will only lead to the abuse of the administrative power by the administrative subject or the failure to perform the statutory duties, so that it can't be real The purpose of environmental protection is to protect the environment. Therefore, it is necessary to define the corresponding responsibility for the management power to the environmental administrative subject so as to ensure that it is legal and reasonable, and it is timely, effective and sufficient.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.1;D922.6
本文编号：2483842
[Abstract]:The main body of the environmental administration has the important task of protecting the public life and the ecological environment, and in order to urge them to exercise the environmental management authority fully and actively, it is necessary to carry out the timely and effective responsibility for the illegal activities. The external administrative responsibility of the environmental administrative subject, that is, the administrative responsibility of the environmental administrative subject to the administrative relative person because of the violation of the environmental administrative law. Because the environmental legislation of our country is subject to environmental administrative intervention, the environmental protection laws and regulations are the angle legislation of the environmental administrative subject, the duty and the responsibility for the relative people, but the lack of the restriction and supervision of the self-power of the environmental administrative subject. The serious deficiency of the current legislation has led to the fact that the environmental administration in recent years, in particular the environmental administration, is not a phenomenon. Because the environmental administrative subject represents the power of the state to exercise the environmental protection, the main body of the environmental administration is effectively supervised so as to ensure that the administration by law is of great significance to the realization of the country's rule of law and the dual goal of environmental protection. On the basis of the analysis of the constitution of the external administrative responsibility of the environmental administrative subject and the form analysis of the responsibility, this paper puts forward the perfect suggestion to the accountability mechanism of the environmental administrative subject to make a contribution to the strengthening of the external administrative responsibility of the environmental administrative subject in our country. In this paper, the author introduces the basic situation of the external administrative responsibility of the environmental administrative subject in our country from the basis of the study of the administrative power and the administrative responsibility of the main body of the environmental administration, and analyzes the component and the responsibility of the external administrative responsibility of the environmental administrative subject. Based on the theoretical research and practical experience of the external administrative responsibility of the foreign environmental administrative subject, this paper focuses on the existing problems in the current environmental management of our country, mainly including the administrative omission, the abstract administrative act and the illegal lack of corresponding responsibility. The deficiency of the existing national compensation system itself and the lack of adequate remedy for the injured rights and interests of the relative people due to the failure of the investigation mechanism and the corresponding countermeasures are put forward. The article clarifies the difference between the internal responsibility and the external responsibility of the environmental administrative responsibility, and points out that the external administrative responsibility is the responsibility of the environmental administrative subject. On the basis of analyzing the elements of the external administrative responsibility of the environmental administrative subject, such as the illegal act, the responsibility ability, the harm result and the causality, and the reference to the foreign experience, the author holds that the abstract administrative act of the law and the administrative omission should also be included in the division. The scope of the law review and the liability for compensation for the opposite person shall be borne by the law, which will further improve the environmental administration In the light of the specific form of the external administrative responsibility of the environmental administrative subject, this paper focuses on the problems of administrative compensation, analyzes the shortcomings of the current state compensation law, in particular through the comparative analysis of the development of the national compensation law in Japan. The author put forward that the responsibility scope of the state in environmental compensation should be expanded, and the environmental administration should not be compensated. Finally, this paper discusses the mechanism of the accountability of the external administrative responsibility of the environmental administrative subject, including the mechanism of the power organ, the mechanism of administrative investigation, the mechanism of judicial investigation and the comparison of the various kinds of accountability mechanisms. The mechanism of the judicial prosecution is the most effective to the administrative act. At the same time, in order to play the role of the judicial prosecution mechanism, it is necessary to establish a public interest litigation system. This paper analyzes the establishment of the administrative public interest litigation system from the two angles of the plaintiff's qualification and the litigation cost. The main body of the environment is to exercise the authority of the state to protect the environment, and the effective supervision of the legal administration of the environmental administrative subject is the environment The most powerful measure is to be protected. On the basis of the corresponding responsibility, it is not the duty of the duty to be responsible, and it is not the duty to grant the administrative power to the administrative subject of the environment, which will only lead to the abuse of the administrative power by the administrative subject or the failure to perform the statutory duties, so that it can't be real The purpose of environmental protection is to protect the environment. Therefore, it is necessary to define the corresponding responsibility for the management power to the environmental administrative subject so as to ensure that it is legal and reasonable, and it is timely, effective and sufficient.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.1;D922.6
【引证文献】
相关硕士学位论文 前2条
1 马莉;环境行政主体行政法律责任实现机制的研究[D];兰州大学;2011年
2 张伟;环境行政主体法律责任研究[D];东北林业大学;2011年
，本文编号：2483842
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