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环保行政约谈制度的适用目前还存在约谈实施的单向性偏向较大、行政机关与约谈相对人地位的平等性失衡严重和约谈过程中的协商性不足三大方面的问题。解决这三个方面问题的关键在于环保行政约谈制度的完善。因此,建议环保行政约谈更多地采用平行式的运行模式、赋予行政相对人提起启动环保行政约谈的权利;同时有必要强调行政约谈在环境保护领域的实践除了必须遵守行政法基本原则以外,还需要遵守公益优先原则、预防优先原则、自愿协商原则、公开原则以及损害救济原则。
The application of the system of environmental administration interviews has the following three major problems: the one-way nature of interviews and implementation; the serious imbalance of equality between administrative bodies and interviews with relatives; and the lack of consultation in the interviews. The key to solving these three problems lies in the improvement of the system of environmental administrative interviews. Therefore, it is suggested that the environmental administrative interviews should adopt more parallel mode of operation and give the relatives of the administration the right to start environmental administrative interviews. At the same time, it is necessary to emphasize that the practice of administrative interviews in the field of environmental protection must comply with the basic principles of administrative law In addition, we also need to abide by the principles of giving priority to public welfare, the principle of prevention priority, the principle of voluntary consultation, the principle of openness and the principle of damage to relief.