On the concept determination and function division of ecological damage administrative redress
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D922.1

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    Abstract:

    The term ecological damage "administrative relief" referred to by many researchers in environmental law has irreconcilability in the concept system of administrative law and should be expressed as ecological damage administrative redress rather than ecological damage administrative relief. Ecological damage administrative redress plays a fundamental role in preventing, stopping and punishing ecological damage behaviour. However, no matter from the functional types of relief, the intensity of relief, or the range of objects to be corrected, ecological damage administrative redress has its functional limit. The principle of "administrative power first" is not suitable for the compensatory relief field of ecological damage, and it is not possible to realize the full relief of ecological damage only by improving the way of ecological damage administrative redress. Only by redressing the expression of the concept of ecological damage relief by using administrative power and reasonably locating the function of ecological damage administrative redress, can we straighten out the relationship among different paths of ecological damage relief and realize the effective interface and functional complementarity of ecological damage administrative redress and ecological damage judicial relief.

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谢玲.生态损害行政矫正的概念厘定及功能界分[J].重庆大学学报社会科学版,2020,26(5):188~197

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History
  • Received:
  • Revised:September 12,2019
  • Adopted:
  • Online: September 24,2020
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