Construction Of Operating Mechanism Of Environmental Administrative Public Interest Litigation

In the public management of the environment,the government,as the main body of management,has unshirkable responsibility for the phenomenon of environmental pollution and destruction.However,behind the environmental problems such as pollution,there are often oversight of administrative agencies.That is,as the only subject with environmental supervision authority,the administrative organ has a non-negligible relationship and natural responsibility for the pollution discharge and environmental destruction of enterprises.In fact,under the single government management system of the environment,it is difficult for the administrative organs to track and control the environment in all aspects.Under the guidance of regional standard,and under the requirements of economic development indicators and achievement establishment,it is inevitable that administrative agencies will have weak environmental governance and even rent-seeking administrative failure.Under the theme of power control and supervision,the vision is turned to the relief of environmental improper administrative acts by judicial means to break the current deadlock in environmental administration and achieve the goal of optimizing environmental governance.In the discussion of whether and how to establish the mass system,administrative public interest litigation was finally established under the pull of expectation and conservatism.However,up to now,the operation mechanism of environmental administrative public interest litigation has not been constructed,and the mechanism and embarrassing inducement in the field of environmental administrative public interest litigation have not been fully explained.As far as the pilot practice is concerned,the operation of the system also needs the assistance of mechanism construction.Environmental administrative public interest litigation is not limited to the needs of environmental litigation,but should also act on the concept of administrative litigation.Under the construction of incentive mechanism and the adjustment of information capability,innovation should be carried out in combination with the actual needs to optimize the system and construct the operation mechanism,so as to ensure that environmental administrative public interest litigation can truly achieve the effect of environmental protection.This article takes the environmental administrative public welfare lawsuit as the research topic,which is divided into the introduction,the body and the conclusion three major parts,altogether six chapters.The first chapter clarifies the research background and significance,combs the domestic and foreign research reviews,and reveals the research methods and innovations.The second chapter defines the keynote of the paper,restates the research object and its theoretical basis,and understands the current practice of environmental administrative public interest litigation.The third chapter carries on the practice inspection to it,classifies and summarizes the present situation and the insufficiency of the environmental administrative public welfare lawsuit in the operation system aspect;The fourth chapter analyzes the restrictive factors behind the problem,with the help of the dual game law and economics structure,and introduces the information economy method and cost analysis method to analyze it.At present,the dilemma of the system operation is rooted in the dual game under the system itself and the formation of information difference between subjects caused by realistic environmental problems.Therefore,while combing and integrating the problems of each node strategically,we should also consider the internal paradox of the current operation dilemma on the basis of the operation mode,and at the same time,we should also analyze its restrictive factors from multiple angles to seek the guiding direction.The fifth chapter carries on the domestic and foreign inspection,and carries on the classification comparison,in order to obtain the validity reference from it;The sixth chapter puts forward standardization suggestions to construct environmental administrative public interest litigation mechanism to guarantee its system operation.The construction path of the specific mechanism focuses on the overall operation system,each link in the operation process and the establishment of post-litigation guarantee: adding the role of "litigation subject" to the operation system,refining the scope of litigation acceptance,adjusting the allocation of proof measures,and detailing the pre-litigation procedure to implement the system guarantee to provide the basis for further implementation;In the process of operation,the reasonable construction of incentive mechanism is put forward to optimize the operation efficiency of the system.At the same time,it is hoped to improve the current predicament of accepting cases and obtaining evidence in environmental administrative public interest litigation by expanding the sources of cases from multiple angles and enhancing the investigation and evidence collection ability through diversification.In addition,the system should be strengthened in the post-litigation link,and the implementation of litigation results should be supervised by the introduction of third-party organizations.The link should be strengthened in management and the implementation of litigation results should be guaranteed.The aim is not only to "control" the risks of administrative actions in the environmental field,but also to promote citizens' participation in environmental supervision in order to improve environmental problems.