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环境法与行政法之间的密切关系,以及环境法在理论上的特殊需求、法律制度中的现实困境,都决定了环境法适用行政协议这一新型行政活动形式的必要与可行。但是,在我国,行政协议的研究尚处于起步阶段,相关的理论、观点仍存在值得商榷之处,单纯采用行政法意义上的行政协议也无法完全适应环境法的需要。因此,在研究并适用行政协议的同时,基于所涉主体多元、所涉利益复杂、预防为主、调整“人—自然—人”关系等特殊属性,环境法也要从自身独特的角度对行政协议进行必要的反思。通过反思,为解释和完善行政协议的概念、性质、救济等理论和实践问题提供了崭新的视角和思路;通过反思,可以促进环境法与行政法的沟通与协调,以及二者的共同发展。
The close relationship between environmental law and administrative law, as well as the theoretical special needs of environmental law and the actual predicament in the legal system all determine the necessity and feasibility of the application of administrative agreement in environmental law as a form of new administrative activities. However, in our country, the study of administrative agreement is still in its infancy. The related theories and views are still debatable. Simply adopting the administrative agreement in the administrative law can not fully meet the needs of environmental law. Therefore, at the same time of studying and applying the administrative agreement, based on the multiple subjects involved, the complex interests involved, the predominance of prevention and the adjustment of special attributes such as “human-natural-human relationship” Reflect the necessary administrative agreement. Through reflection, it provides a brand new perspective and train of thought for explaining and improving the theoretical, practical and practical issues of the concept, nature and relief of administrative agreements. By reflection, we can promote the communication and coordination between environmental law and administrative law and the common development of both.