Research On Environmental Administrative Public Interest Incidental Civil Public Interest Litigation System

Environmental administrative public interest incidental civil public interest litigation is a centralized prosecution and trial mechanism under the system of administrative procedure law with reference to administrative incidental civil litigation.During the two-year trial period in which the standing committee of the National People's Congress authorized procuratorial organs to initiate public interest litigation,procuratorial organs handled two cases of civil public interest litigation incidental to environmental administration,one of which was identified by the supreme people's procuratorate as a guiding case for procuratorial public interest litigation.However,through two years of pilot work,the number of cases brought by the procuratorial organs alone environmental administrative public interest litigation or environmental civil public interest litigation is still the majority.Environmental administrative public interest incidental civil public interest litigation reduces the cost of filing administrative public interest litigation and civil public interest litigation respectively,but it also brings impact on the current litigation system,trial system and procuratorial system.Such contradiction is what this article should study and solve.Based on this,this article by analyzing the particularity of environmental administrative public interest incidental civil public interest litigation,from the legal basis of it,combined with the present situation of the environmental administrative public interest incidental civil public interest litigation and the existing problems,to put forward to perfect this litigation system.This article is divided into four parts:The first part analyzes the particularity of environmental administrative public interest incidental civil public interest litigation system.First,the uniqueness of the subject.In administrative public interest litigation,the procuratorial organ is the only subject to file a lawsuit.Therefore,in the environmental administrative public interest incidental civil public interest litigation,the procuratorial organ is also the only subject to file a lawsuit;Secondly,the particularity of the case.The special clue source of the environmental administrative public interest incidental civil public interest litigation initiated by the procuratorial organ is that the illegal administrative act or omission of the administrative organ with the supervision responsibility is the prerequisite or precondition of the environmental tortfeasor;Third,the particularity of the program.Including the particularity of pre-litigation procedure,prosecution procedure and trial procedure;Finally,the particularity of jurisdiction.This includes the jurisdiction over litigation initiated by procuratorial organs and the jurisdiction over cases tried by courts.The second part expounds the legal basis of environmental administrative public interest incidental civil public interest litigation.It includes the institutional basis,legislative basis and theoretical basis of environmental administrative public interest incidental civil public interest litigation.The institutional basis includes environmental public interest litigation system and administrative incidental civil litigation system;Legislative basis including new modification of administrative procedure law,civil procedure law,?the people's procuratorate filed a public interest litigation measures for the implementation of the pilot work?,?the people's court to the people's procuratorate filed a public interest litigation cases the measures for the implementation of pilot projects and the supreme people's court?,?the supreme people's procuratorate about procuratorial public interest litigation cases to explain some issues of applicable law?;The theoretical basis is the law enforcement function of procuratorial public interest litigation.After the enactment of laws,the actual implementation of the process in society makes it from the abstract mode of behavior to the concrete behavior of people.The third part elaborates the current situation of environmental administrative public interest incidental civil public interest litigation from the clue source,pre-litigation procedure,prosecution conditions,prosecution mode,case jurisdiction and burden of proof,etc.,thus causing the problems existing in environmental administrative public interest incidental civil public interest litigation.The fourth part is the focus of this article,put forward the improvement of environmental administrative public interest incidental civil public interest litigation specific recommendations.It includes the filing stage,pre-trial preparation stage,trial stage and judgment stage in the first trial procedure arrangement;The mode of initiation of the second trial and the content of the second trial;Compensation mechanism and judgment execution in other procedural arrangements.