论环境行政执法和解及其制度建构

On Environmental Administrative Law Enforcement Settlement and Its Institutional Construction

摘要: 环境行政执法和解是生态环境主管部门与相对人就环境违法行为的处理，通过平等协商达成合意并签订和解协议的执法手段。当前环境治理转型的需求、传统环境执法手段的局限为环境行政执法和解制度的确立提供了必要性支撑。但该制度在环境法领域尚未体系化，为了防止其被滥用，造成环境公共利益的损害，应规范和解制度的适用条件、启动程序、协商程序以及和解协议的履行，促使该制度落到实处，真正发挥环境保护实效。

Abstract: Environmental administrative law enforcement settlement is a means of law enforcement in which the competent ecological and environmental authorities and the relative reach a consensus and sign a settlement agreement on the handling of environmental offences through equal consultation. The needs of the current transformation of environmental governance and the limitations of traditional environmental law enforcement means provide the necessary support for the establishment of a reconciliation system for environmental administrative law enforcement. However, this system has not yet been systematized in the field of environmental law, and in order to prevent it from being abused to the detriment of environmental public interests, the conditions for the application of the settlement system, the initiation procedure, the negotiation procedure, and the implementation of the settlement agreement should be regulated, so as to promote the implementation of the system in practice, and to give real play to the effectiveness of environmental protection.