The Government’s Environmental Protection Resp Onsibility In The Environmental Administrative Public Interest Litigation

At present,China mainly regulates the government’s environmental protection responsibilities through environmental interviews and environmental information disclosure.Even if the government’s environmental protection responsibilities are stipulated in various environmental protection laws and regulations,these laws and regulations are too general,lack operability and enforceability,and are policy-based regulations and lack rigidity.The revision of the "Administrative Procedure Law" has given the procuratorial organ the status of a public interest litigant,marking the urging of the government to perform environmental duties in addition to policy means and judicial means.Through literature search,it is found that there are many studies on the government’s environmental protection responsibility,mainly focusing on the party and government responsibility and system improvement;the research on environmental administrative public interest litigation mainly focuses on the procedural qualifications and evidence of such litigation.Research.The research on the fulfillment of the government’s environmental protection responsibility in the context of environmental administrative public interest litigation is temporarily at a blank stage.Through litigation,we can find the government’s lack of fulfillment of environmental protection duties.The overall policy and judicial environment have an impact on the government’s performance of environmental protection duties.From the case,we can examine the internal environment of the government and the judicial organs in performing administrative public interest litigation to urge the government to perform the environment Problems existing in the protection responsibilities,analysis and interpretation of these issues in the government’s environmental administrative public interest litigation,and finally put forward internal and external suggestions for the government to better fulfill its environmental protection responsibilities.Therefore,this article finds relevant cases through the Judgment Documents Network.From 2016 to July 2019,A total of 75 environmental administrative public interest litigation cases with the government as the defendant were found.By sorting out the judgments of these 75 cases,the pre-litigation procedures,the cause of the litigation,the distribution ocases and the results of the trial were sorted out,and the government was finally found.The litigation in environmental administrative public interest litigation is caused by internal reasons such as misplacement of government responsibilities and powers,low enthusiasm for performing duties,and some deficiencies in the exercise of power by the judiciary.Based on the analysis of the cases,these internal deficiencies and external causes are analyzed and improvements Recommendations;ultimately create a better internal atmosphere and external supervision environment for the government to fulfill its environmental protection responsibilities.