Research On The Implementation Problems And Countermeasures Of Environmental Administrative Public Interest Litigation Cases

The difficulty of execution is a traditional problem in the execution of administrative litigation cases in China,and the execution of environmental administrative public interest litigation cases is no exception.The vitality of the law lies in the implementation,only if the judgment is executed,can the environmental administrative public interest litigation system really play a role.First of all,The execution of environmental administrative public interest litigation cases means that the court forces the administrative organ to perform certain obligations determined by the judgment.Before exploring the problems existing in the field of execution,we should realize the importance of the execution of environmental administrative public interest litigation cases,and grasp the particularity of the execution of environmental administrative public interest litigation cases,that is,the difficulty of environmental governance,the strong specialty,the high cost of governance,the long execution period and the particularity are the main objective reasons for the increasing difficulty of environmental administrative public interest litigation cases,Therefore,it is necessary to use this as a basis to explore the existing issues that affect execution.Secondly,in the execution of environmental administrative public interest litigation cases,there are three main subjects,namely,procuratorial organs,people's courts and administrative organs.This paper takes three subjects as the starting point,analyzes the specific cases on the basis of the collected cases,discusses the internal and external problems of the procuratorial organs in the execution of the cases,the unreasonable contents of the court decisions and the problems existing in the performance of the duties of the administrative organs.Finally,the appropriate countermeasures are given to the problems that have been found.Firstly,it is suggested that procuratorial organs should establish cooperative environmental administrative public interest litigation in the field of execution,and make clear the standard of the defendant's administrative organs to perform their duties correctly;Secondly,it is suggested that the court should perfect the judgment content and concretize the judgment content according to the situation;Thirdly,it is suggested that the administrative counterpart should be restrained in the form of the third party in the case,and the administrative organ should raise its own consciousness of rule of law from the inside and outside.It is hoped that these suggestions can be beneficial to the improvement of environmental administrative public interest litigation in China.