Abstract:Based on the urgency of ecological harm caused by sudden environmental accidents, the environmental administrative subject carries out environmental pollution control itself or entrusts a third party to control the environmental pollution, and the pollution control expenses thus advanced essentially belong to environmental administrative agency performance cost. Regarding the legal nature of the environmental administrative agency performance cost, at present, there are mainly four views: "public law creditor’s rights theory", "private law creditor’s rights theory", "mixed creditor’s rights theory" and "transformation theory". Since the "transformation theory" is based on the legal relationship between the environmental administrative subject and the parties involved in the collection of agency performance fees, it not only believes that the agency performance fees have the nature of public law, but also believes that the agency performance fees belong to the "subject matter" of the obligation to pay money, not the creditor’s rights, which is more reasonable than the "public law creditor’s rights theory", "private law creditor’s rights theory" and "mixed creditor’s rights theory". In judicial practice, the recovery of environmental administrative agency performance costs mainly involves civil private interest litigation by environmental administrative subjects, civil public interest litigation by social organizations or procuratorial organs, criminal incidental civil public interest litigation by procuratorial organs, ecological environmental damage compensation litigation by "provincial and municipal people’s governments and their designated departments, institutions or departments entrusted by the State Council to exercise the ownership of natural resources assets owned by the whole people", and enforcement applied to the people’s court by the environmental administrative subject. Because the above-mentioned four ways of recovery are either inconsistent with the public law nature of the agency performance costs, or violate the existing legal provisions, or there are many obstacles to implementation, so it is simple to delete the complexity. The way of recovery of the environmental administrative agency performance costs through "enforcement applied to the people’s court by the environmental administrative subject" is more in line with the due meaning of the administrative agency performance of administrative enforcement in China, and should also be the best plan for recovery of the costs, It is suggested to ensure the effective recovery of agency performance costs by including the payment decision of agency performance costs into the scope of applying for court enforcement, correcting the procedure of applying for court enforcement of agency performance costs, and increasing the special way of administrative enforcement of agency performance costs.