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行政许可是控制海洋开发活动造成的生态和环境影响的有效手段,然而海洋生态环境破坏加剧的趋势表明,我国现行环境行政许可制度并没有发挥预期的效果。文章借用德国行政法中的行政行为附款理论,提出海洋工程环境行政许可和生态补偿相结合的生态补偿附款许可制度设计方案,并分析其合理性和可行性。
Administrative licensing is an effective way to control the ecological and environmental impacts caused by marine development activities. However, the trend of aggravating marine ecological environment shows that the current environmental administrative licensing system in our country has not achieved the expected results. Based on the theory of administrative act attachment in German administrative law, the article proposes a scheme of design of permit system of ecological compensation with the combination of marine engineering environmental administrative permission and ecological compensation, and analyzes its rationality and feasibility.