論環(huán)境行政主體的外部行政責(zé)任
發(fā)布時間：2019-05-23 10:54
【摘要】： 環(huán)境行政主體肩負著保護公眾生活和生態(tài)環(huán)境的重任,為督促其充分而積極的行使環(huán)境管理職權(quán),需要對其違法行為進行及時有效的責(zé)任追究。環(huán)境行政主體的外部行政責(zé)任即環(huán)境行政主體因為違反環(huán)境行政法律規(guī)定而對行政相對人所承擔(dān)的行政責(zé)任。由于我國環(huán)境立法受到環(huán)境行政的干預(yù),環(huán)保法律法規(guī)多是從環(huán)境行政主體的角度立法,為相對人設(shè)定義務(wù)、責(zé)任,卻缺乏對環(huán)境行政主體自身權(quán)力行使的約束與監(jiān)督�，F(xiàn)行立法的嚴(yán)重缺失,導(dǎo)致了近年來環(huán)境行政違法特別是環(huán)境行政不作為現(xiàn)象非常普遍。由于環(huán)境行政主體代表國家行使著環(huán)境保護的職權(quán),有效監(jiān)督環(huán)境行政主體,確保其依法行政對于我國實現(xiàn)依法治國、環(huán)境保護的雙重目標(biāo)具有非常重要的意義。本文試圖在對環(huán)境行政主體外部行政責(zé)任的構(gòu)成要件、承擔(dān)責(zé)任的形式分析的基礎(chǔ)上,對其責(zé)任追究機制提出完善的建議,為加強我國環(huán)境行政主體的外部行政責(zé)任的追究貢獻綿薄之力。 本文從研究環(huán)境行政主體行使行政管理權(quán)和承擔(dān)行政責(zé)任的理論依據(jù),介紹了目前我國環(huán)境行政主體的外部行政責(zé)任基本情況,分析了環(huán)境行政主體外部行政責(zé)任的構(gòu)成要件和責(zé)任追究機制。結(jié)合國外環(huán)境行政主體的外部行政責(zé)任的理論研究和實踐經(jīng)驗,本文重點分析了我國目前環(huán)境管理中普遍存在的問題,主要包括行政不作為、抽象行政行為違法缺乏相應(yīng)的責(zé)任規(guī)定、現(xiàn)行國家賠償制度本身存在的缺失以及由于追究機制不完善導(dǎo)致相對人的受損權(quán)益得不到充分救濟,并提出相應(yīng)的對策建議。 本文澄清了環(huán)境行政責(zé)任的內(nèi)部責(zé)任與外部責(zé)任的區(qū)別,指出外部行政責(zé)任才是環(huán)境行政主體承擔(dān)的實質(zhì)責(zé)任。在分析環(huán)境行政主體外部行政責(zé)任的構(gòu)成要件包括違法行為、責(zé)任能力、危害后果及因果關(guān)系,以及借鑒國外相關(guān)經(jīng)驗的基礎(chǔ)上,筆者認為,違法的抽象行政行為、行政不作為等也應(yīng)納入司法審查范圍,并應(yīng)承擔(dān)對相對人的賠償責(zé)任,這對進一步完善環(huán)境行政管理極其重要。針對環(huán)境行政主體外部行政責(zé)任的具體形式,本文重點探討了行政賠償問題,分析了現(xiàn)行《國家賠償法》的不足之處,特別是通過對日本國家賠償法發(fā)展變革的對比分析,筆者提出,應(yīng)擴大國家在環(huán)境賠償上的責(zé)任范圍、加大對環(huán)境行政不作為賠償?shù)闹匾暳Χ�。最�?本文探討了環(huán)境行政主體外部行政責(zé)任的追究機制,包括權(quán)力機關(guān)追究機制、行政追究機制、司法追究機制,比較了各種追究機制的特點和不足,指出司法追究機制才是對行政行為最有效的監(jiān)督機制。同時,要真正發(fā)揮司法追究機制的作用,必須建立公益訴訟制度,本文從原告資格和訴訟費用負擔(dān)兩個角度對建立行政公益訴訟制度進行了分析并提出政策建議。 環(huán)境行政主體是代表國家行使對環(huán)境保護的職權(quán),有效監(jiān)督環(huán)境行政主體的合法行政則是對環(huán)境保護最有力的措施。而有效的監(jiān)督必須建立對其苛以相應(yīng)責(zé)任的基礎(chǔ)上。沒有苛以責(zé)任的義務(wù)就不是義務(wù),對環(huán)境行政主體只賦予行政管理權(quán)力而不規(guī)定相應(yīng)責(zé)任,只會導(dǎo)致行政主體濫用行政權(quán)力或不履行法定職責(zé),從而無法實現(xiàn)保護環(huán)境的目的。因此,對環(huán)境行政主體賦予管理權(quán)力的同時,必須規(guī)定相應(yīng)的責(zé)任,以確保其合法、合理行政,做到及時、有效、充分的履行環(huán)境行政職權(quán)。
[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.
【學(xué)位授予單位】：中國政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2009
【分類號】：D922.1;D922.6
本文編號：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.
【學(xué)位授予單位】：中國政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2009
【分類號】：D922.1;D922.6
【引證文獻】
相關(guān)碩士學(xué)位論文 前2條
1 馬莉;環(huán)境行政主體行政法律責(zé)任實現(xiàn)機制的研究[D];蘭州大學(xué);2011年
2 張偉;環(huán)境行政主體法律責(zé)任研究[D];東北林業(yè)大學(xué);2011年
，本文編號：2483842
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