Research On Environmental Administrative Public Welfare Litigation System In China

The newly revised "Civil Procedure Law of the people's Republic of China"(hereinafter referred to as "Civil Procedure Law")fifty-fifth provisions of China's civil public interest litigation system,marking the beginning of China's public interest litigation system.At the same time,the newly revised "law on the protection of the environment of People's Republic of China"(hereinafter referred to as the "environmental protection law")of China's environmental public interest litigation basis and legal basis to make the basic provisions of a series,it has also become China's environmental public interest litigation system on a very big leap and development.Although the environmental public interest litigation,do some general rules of the law,but the long-awaited environmental administrative public interest litigation hasn't been established,and the newly built People's Republic of China "administrative procedure law"(hereinafter referred to as the "administrative litigation law")has not made any provision on the.This has resulted in a series of serious consequences caused by the illegal acts or omission of the administrative organs,and can not get effective legal responsibility.In this case,the construction of China's environmental administrative public interest litigation is essential for the protection of environmental rights and social harmony and sustainable development.Compared with the traditional litigation system,environmental administrative public interest litigation system is to protect the private interests beyond the litigation law,is a major breakthrough of traditional lawsuit.Environmental administrative public interest litigation system emphasizes the protection of environmental public interest litigation,the illegal administrative acts of administrative organs or omission of the litigation initiator is the individual citizens,social organizations can also be,even as the procuratorial organs of legal supervision organs can also be in public or may be violated,bring a lawsuit to the people's court in accordance with the law,through judicial means to request the administrative organ to earnestly perform their duties,to the adverse consequences of the removal of obstacles and eliminate the danger.In our country,the construction of environmental administrative public interest litigation system has its necessity: the first one is the governance of environmental issues,the second one is an important means to regulate the administrative behavior,the third one is to enhance the public awareness of environmental protection needs;at the same time,there is feasibility: the first one is to look at the feasibility of the constitution,from a legal point of view,the second one is to look at the feasibility from the foreign experience of legislation and practice angle,Three is in line with the development trend of our society;however,the current construction of environmental administrative public interest litigation system faces many obstacles: the first one is the limitation of the plaintiff qualification,the second one is the "administrative procedure law" system design is not perfect,the third one is the narrow scope of litigation,the fouth one is bound to trial process;therefore,the construction of environmental administrative public interest litigation system from several aspects: the first one is the scope of environmental administrative public interest litigation should include citizens,social organizations and procuratorial organs;the second one is the environment The administrative public interest litigation scope should include environmental tort,breach of privilege or illegal administrative organs dereliction of duty caused by administrative regulations for the following specific abstract administrative behavior,contingent harm behavior,abstract administrative behavior should also be gradually into the environmental administrative public interest litigation scope;the third one is the environmental administrative public interest litigation case the higher people's court shall be handed over to the jurisdiction;the fouth one is the other system construction of environmental administrative public interest litigation such as the establishment of administrative relief procedures lead before the maintenance of environmental public interest through legal channels,set up a complaint against the program,given administrative authority self correction opportunity;the litigation fee shall be borne by relief,citizen and social organization legal fees transfer,legal fees,litigation costs borne by the State Treasury procuratorial organs and so on,to reduce the Central Plains environmental administrative public interest litigation To pay for the high cost of litigation to the economic pressure;limitation of action,the provisions set by the normal aging at the same time,the longest break the limitation of action,can effectively punish environmental tort;the establishment of incentive mechanism,the Central Plains environmental administrative public interest litigation notice to the spiritual and material rewards will improve,suit their enthusiasm;the introduction of the legal aid system in procuratorate outside of the plaintiff,through legal aid lawyers,notaries and grassroots legal professionals professional guidance and help,to provide a powerful guarantee for the plaintiffs to win the lawsuit.