Research On Public Interest Litigation System Of Environmental Administration In China

In China,industrialization process has accelerated,bringing about economic growth after the reform and opening up.While the environmental pollution has shown an exponential growth.Our city is surrounded by haze,sewage and garbage.Bad ecological environment has seriously damaged human health,seriously infringing on the environmental rights and interests of citizens.Administrative organs are responsible for the collection and distribution of environmental resources and play a decisive role in the protection of natural resources and ecological environment.Traditional administrative litigation system is mostly put forward to protect individual rights and interests.Environmental rights and interests are usually neglected by both parties involved in litigation because of its attribute of public goods.Therefore,it is particularly urgent to establish and improve the environmental administrative public interest litigation system with the core of protecting environmental public interests.At present,environmental administrative public interest litigation is still in the preliminary stage of development.It is limited to the restriction of a single legal provision and lacks detailed legislation and strict norms on the system.Perfecting our country’s environmental administrative public interest litigation system can effectively restrain the behavior of administrative organs and promote administrative self-discipline.Improving the public interest litigation system of environmental administration is an important guarantee for protecting environmental rights and interests,and an objective need for building a beautiful China.This paper defines the basic concept of environmental administrative public interest litigation system.Then it concludes five characteristics of environmental administrative public interest litigation:the public interest of litigation purpose;the strictness of accepting criteria;the preventive effect of prosecution;the professionalism of case trial;and the orientation of judgment results.And it discusses the evolution of environmental administrative public interest litigation system briefly.This paper systematically analyses the theoretical basis of environmental administrative public interest litigation system,including the party theory,citizen’s environmental right theory and private procurator-general theory.Then the article investigates and explains the current legislative situation of environmental administrative public interest litigation system in China,and analyses in detail the problems that appear in the judicial practice of environmental administrative public interest litigation system.For example,the role of procuratorial organs is ambiguous;the qualification of plaintiffs is too narrow;the scope of accepting cases needs to be expanded urgently.The source of case clues lacks public participation.The jurisdiction problem needs to be clarified urgently,and the claim for compensation is raised.The burden of proof is ambiguous;the starting mechanism of the second instance is contradictory;the burden of litigation costs is controversial.At the end of the article,the author puts forward the solutions to improve the environmental administrative public interest litigation system,which includes clarifying the role of legal supervisors of procuratorial organs,clarifying the procedural rights of "public interest representatives" of procuratorial organs,exploring the establishment of "dual" plaintiff qualification model composed of procuratorial organs and environmental protection organizations,expanding the scope of accepting cases to normative documents,and establishing a wide range of clue sources.Mechanisms,standards for fulfilling procuratorial proposals,establishment of pre-litigation preservation system,improvement of jurisdiction,scientific distribution of burden of proof,improvement of the system of incidental civil litigation for administrative public welfare,and clarification of the cost of litigation.