Research On The Perfection Of The Enforcement Mechanism Of Environmental Civil Public Interest Litigation

Environmental civil public action litigation case is not the end of environmental protection,if the winning judge did not get to achieve,to win the lawsuit is a miserable victory.Orderly and effective referee execution mechanism is the realization of environmental protection.The main idea of this paper is to examine the implementation mechanism of civil litigation in public environment,improve the shortcomings of the current implementation mechanism and realize the maximization of environmental public welfare relief.The construction of the current civil enforcement mechanism in our country is aimed at the relief of private rights.By the influence of the parties,the design and operation of the system more reflect the autonomy of private right.If the litigant usually initiates the civil execution procedure;Enforcement practices in judicial practice are usually based on the application of the implementation of the initiative,the implementation of the court in accordance with the contents of the implementation of the implementation of the application.However,due to the lack of environmental civil litigation enforcement cases in the implementation of the traditional civil execution process and the results of the direct impact of the "application executor",so that the implementation of such cases the lack of direct interest in the supervision of the implementation of the case,the implementation of the case The implementation of measures,the assessment of the implementation of the implementation of the supervision of the implementation of the original implementation by the application to promote the implementation of activities,you need to make improvements through the implementation of the mechanism to make up.Environmental civil public interest litigation system is essentially public,that is,through the public spirit of public practice to solve the public welfare relief public problem.Due to the consistency of the enforcement mechanism of the referee and the litigation system in the relief of private and public interest purposes,the direct effect of the results of the litigation on the implementation of the name and other factors,the nature of the environmental civil referee enforcement mechanism also has the public nature of maintaining environmental public welfare,Implementation of the system,to assist the implementation of the system,the implementation of the return visit system,the implementation of the supervision system,the improvement of the system and coordinated operation to help achieve the purpose of public welfare relief.Because of the controversy about establishing the transfer execution system,the judicial interpretation of the Supreme People's Court is also established.This paper will not study the system,focusing on assisting the implementation of the system,implementing the system of return visits and implementing the supervision system.In the view of public,the implementation of the system mainly lacks the rigid regulation of the auxiliary obligation to assist the main body of the obligation to assist in the implementation of the limits and procedures are not specific to assist the implementation of the system to protect the lack of three aspects of the mechanism;implementation of the return visit system is mainly the implementation of the main body Ambiguity,the implementation of the visit from time to time and the program is not sure,the responsibility system is not clear and other defects;implementation of the supervision system is the implementation of the supervision system chaos,supervision and inefficiency,the implementation of procuratorate supervision rigid,the public participation in the implementation of the lack of supervision and other issues.The perfection of the implementation mechanism of the civil service litigation referee should start from the perfect mechanism system.The improvement of the implementation of the system is mainly due to the following three aspects: first,to determine the status of the environmental protection departments to assist the subject,by clarifying the main body of the obligation to determine the scope of assistance to strengthen the environmental protection departments to assist the implementation of the effectiveness of the implementation of the court;The implementation of the implementation process of the implementation of the program,the main purpose is to enhance the operability and standardization to assist in the implementation of the third,by regulating legal responsibility,to take incentives to promote the implementation of the main obligations of the implementation of the main implementation of the implementation of the main activities.The implementation of the return visit system should be perfected by the following three aspects: First,the Implementation of the main implementation of the main implementation of the main body;second,the implementation of the time and procedures to review the implementation of return visits to overcome the occasional implementation of the return of randomness and uncertainty;Again,to strengthen the implementation of the return of the parties to the legal responsibility to ensure the implementation of the return visit to regulate the operation.The implementation of the supervision system is mainly focused on the following two points: First,adjust the "modest supervision" under the influence of the implementation of procuratorate supervision,enhance the rigidity of supervision,improve the internal supervision of the court,procuratorate organs external supervision,And media supervision of the diversified implementation of the supervision system.Second,the implementation of information disclosure is the prerequisite for supervision,for the implementation of information disclosure of the status quo,made clear the implementation of the scope of information disclosure,improve China's implementation of information disclosure platform construction,standardize the implementation of the court at all levels of the implementation of information procedures such as recommendations for the prosecution outside Supervision and public,social supervision of the media to provide the basis for supervision and to achieve the path.In short,through the three systems to improve the operation,to achieve environmental civil litigation enforcement mechanism to protect the function and value of environmental public welfare.