Study On The Application Order Of Environmental Administrative Law Enforcement And Civil Public Interest Litigation

Since the founding of the People’s Republic of China,for a long time,environmental administrative law enforcement was the only means of ecological environmental damage relief.However,in recent years,with the continuous deterioration of the domestic ecological environment,the strengthening of public environmental awareness and the increasing international environmental protection requirements,the single environmental administrative law enforcement in the supervision of the ecological environment is becoming more and more inadequate.In addition,the public interest of ecological environment has the characteristics of indeterminate subject and multi-level and multifaceted content.At present,China must rely on more diversified relief subjects and diversified relief approaches to realize the comprehensive protection of the public interests of the ecological environment.Therefore,environmental civil public interest litigation has been introduced into China as a successful system of external governance of the ecological environment relief system.Through amending the Civil Procedure Law and the Environmental Protection Law,China issued a number of legislative and judicial interpretations of environmental civil public interest litigation,such as the Judicial Interpretation of environmental Civil Public interest Litigation and the Judicial Interpretation of procuratorial Public interest Litigation,thus establishing the current framework of environmental civil public interest litigation in China.The promulgation of the Civil Code of the People’s Republic of China has made the relief of ecological environment damage double confirmed in substantive law and procedural law.Through the above institutional arrangements,the ecological environment relief system supported by environmental administrative law enforcement and environmental civil public interest litigation has been preliminarily constructed.On the one hand,the establishment of multiple relief system provides more relief ways for ecological environment damage.On the other hand,due to the large volume of environmental protection tasks in China and the lack of practical experience and run-through of environmental civil public interest litigation,relief subjects are divided into their own,leading to the lack of clear rules and application sequence between environmental administrative law enforcement and environmental civil public interest litigation.In the practice of ecological environmental governance,the functions of the two systems overlap and the application sequence is out of order,resulting in unclear role positioning of relevant subjects,unclear rights and responsibilities,and mutual prevarication or competition for the right to handle cases.The sharp conflict between the two systems,which not only makes new civil environmental public interest litigation system did not play the expected utility,also the existing environmental administrative law enforcement of the impact,not only a system of go hand in hand together,but because the applicable restricted the play of the role of a single system,chaos caused a lot of waste of public resources and social resources.Therefore,after completing the construction of environmental civil public interest litigation system and ecological environmental diversified relief system from scratch,the focus should be changed from constructing the system to clarifying the applicable relationship between the two systems.It is an urgent problem for the theoretical and practical circles to clarify the function orientation of the two systems in the framework of ecological environmental relief system,establish the application sequence,and ensure that the two systems play their respective functions of ecological environmental damage relief.From the perspective of the division of authority of the two systems,based on China’s practice and overseas experience,this paper traces the purpose of system construction,explores the realistic status and role of the two systems,and then combines relevant environmental theories and legal provisions,and concludes that China should follow the basic principle of "environmental administrative enforcement takes precedence over environmental civil public interest litigation".At the same time,the functional advantages of the two systems are compared,in order to match the most suitable typed environmental cases according to the respective advantages of the two systems under the overall principle of "administrative priority",and finally achieve the separation of complex and simple and reasonable division of labor.In addition to the functional orientation of the system as the foothold,and from the perspective of different time lines and different jurisdictions,the paper strengthens the argument on the priority of environmental administrative law enforcement.In the end,the optimization path is taken as the foothold,and the overall principles and specific program Settings are put forward.Sorting out the application sequence of environmental administrative law enforcement and environmental civil public interest litigation can run through the operation of the entire ecological environmental relief system,protect the public interests of the ecological environment to the greatest extent,and allocate the optimal and most reasonable resources of environmental governance.