On The Construction Of Environmental Administrative Public Interest Litigation System In Our Country

Environment is the foundation of human survival,for the destruction of the natural ecological environment is a chronic suicide.In recent years,the increasingly serious environmental pollution,caused by environmental problems of lawsuits are too numerous to list.As one of the types of environmental public interest litigation,the environmental administrative public interest litigation is due to the administrative organs of the ecological environment pollution caused by the abuse of power or not as triggering public interest litigation.Overview of the legal world,government and other administrative authorities in environmental protection plays an important role,but based on our national conditions and economic development model,many enterprises will be at the expense of the environment to the pursuit of economic growth.Before interest trade-off and local protectionism,the government tends to muddle along,abuse of power,which caused a greater burden on the ecological environment.In the face of increasingly severe environmental problems,the establishment of the environmental administrative public interest litigation demand is very urgent.In 2014,the party's eighteen Fourth Plenary Session that "to strengthen the rights of administrative checks and supervision," which provides a suitable political environment for the establishment of environmental administrative public interest litigation.In the face of more and more serious environmental problems,individual citizens,procuratorial organs and social organizations raised a hot wave of environmental administrative public interest litigation.By 2015,the newly revised "Administrative Procedure Law" began,although in the process of revising the administrative public interest litigation on environmental issues through intense discussion,and ultimately failed to be included therein.“The civil procedural law "," environmental protection law” and so on above the provisions of the environmental public interest litigation also exists shortcomings.Lack of legislative level but also makes eligibility main difficulties encountered during proceedings.Thus in the perspective of the construction of environmental administrative public interest litigation,draw lessons from the advanced experience of foreign environmental administrative public interest litigation system,puts forward concrete solving measures is particularly important.This article is divided into five parts.The first part of the Public Interest Litigation and Administrative Public Interest Litigation concept environment analysis,the concept of environmental administrative public interest litigation on this basis,and its features and describes the theoretical foundation established.The second part specifically analyzes the obstacles of environmental administrative public interest litigation in our country,from the legislative level,the plaintiff qualifications,scope of litigation and trial clear the fetters of environmental administrative public interest litigation system set up.The third part combined with the current political environment,the judicial practice and law basis,analyze real opportunity to establish environmental administrative public interest litigation system and law.The fourth part examines the United States,Britain,Germany,France and other environmental administrative public interest litigation development more perfect the concrete system of the provisions of the state and its enlightenment to our country.The fifth part in draw lessons from foreign experience,on the basis of proposed build system of environmental administrative public interest litigation plaintiff qualification,prepositional procedure,scope of accepting cases,the burden of proof,and specific measures such as incentive mechanism.