2003Unpublished venueRequires access

On Limitations of Legislation on Environmental Administration Mechanism of China and the Ways of Perfecting It

Wang Can

Open publisher page 1 citations

Abstract

There exist some limitations in our current legislation on administrative mechanism of environment ,such as the imperfectness of the legislative system,the overlaps and contradictions of different acts,the deviation of some authorized legislation from scientific administrative principles,etc.To solve these issues,the following solutions should be focused:to strengthen the studies on legislation on environmental administrative mechanism;to refer to the successful experiences of the relevant foreign legislation;to expedite the legislation on comprehensive environmental administrative mechanism;to specify the provisions in specific legislation on environmental administrative mechanism;and to amend the laws not adapt to social demands.As to the legislative processes,the mode of legal document that is drafted by administrative agency should be altered.With the sequence of legislation and reforming administration,the legislation should be amended in advance and then administrative mechanism is reformed.Finally,the supervision mechanism should be introduced to urge the environmental administrations to take their legal duties.

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What this paper is about

There exist some limitations in our current legislation on administrative mechanism of environment ,such as the imperfectness of the legislative system,the overlaps and contradictions of different acts,the deviation of some authorized legislation from scientific administrative principles,etc.To solve these issues,the following solutions should be focused:to strengthen the studies on legislation on environmental administrative mechanism;to refer to the successful experiences of the relevant foreign legislation;to expedite the legislation on comprehensive environmental administrative mechanism;to specify the provisions in specific legislation on environmental administrative mechanism;and to amend the laws not adapt to social demands.As to the legislative processes,the mode of legal document that is drafted by administrative agency should be altered.With the sequence of legislation and reforming administration,the legislation should be amended in advance and then administrative mechanism is reformed.Finally,the supervision mechanism should be introduced to urge the environmental administrations to take their legal duties.

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Available abstract

There exist some limitations in our current legislation on administrative mechanism of environment ,such as the imperfectness of the legislative system,the overlaps and contradictions of different acts,the deviation of some authorized legislation from scientific administrative principles,etc.To solve these issues,the following solutions should be focused:to strengthen the studies on legislation on environmental administrative mechanism;to refer to the successful experiences of the relevant foreign legislation;to expedite the legislation on comprehensive environmental administrative mechanism;to specify the provisions in specific legislation on environmental administrative mechanism;and to amend the laws not adapt to social demands.As to the legislative processes,the mode of legal document that is drafted by administrative agency should be altered.With the sequence of legislation and reforming administration,the legislation should be amended in advance and then administrative mechanism is reformed.Finally,the supervision mechanism should be introduced to urge the environmental administrations to take their legal duties.

Key concepts: Legislation, Legislature, Mechanism (biology), Agency (philosophy), Administration (probate law), Business, China, Public administration

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