Research On The Subject System Of Environment Administrative Public Interest Litigation In China

With the rapid economic growth in China,a series of environmental problems such as ecological pollution and resource shortage are increasing,and the public's awareness of environmental protection is constantly improving.In recent years,environmental administrative public interest litigation has gradually developed in our country.The procuratorial organs have made fruitful achievements in the pilot work and accumulated abundant judicial experience.The Administrative Procedure Law of the People's Republic of China has initially established the qualification of the procuratorial organs as the subject of prosecution in environmental administrative public interest litigation.In addition,with the advancement of environmental protection tribunals in courts at all levels,environmental administrative public interest litigation in China.The development prospects are very clear.The function orientation of procuratorial organs in environmental administrative public interest litigation is legal supervision.To bring a lawsuit to administrative organs in the status of prosecutor of public interest litigation is also to exercise supervisory function to administrative organs.The procuratorial organ as a single prosecution subject is not enough to deal with the increasingly complex environmental cases.It can adopt the dual prosecution subject model and increase environmental protection organizations as prosecutors of environmental administrative public interest litigation.Legislative organs should enact laws to give qualified environmental protection organizations the qualification of public interest litigants,so that they can seriously participate in environmental administrative public interest litigation,which is helpful to improve the system of prosecution subject of environmental administrative public interest litigation.The full text takes the subject system of environmental administrative public interest litigation as the research object,which is divided into four parts.The introduction introduces the development background of the subject system of environmental administrative public interest litigation in China,and leads to the research object of this paper.The first part is an overview of the subject of environmental administrative public interest litigation,including the concept and characteristics of the subject of environmental administrative public interest litigation,which lays the theoretical foundation for the following article.The second part,the theoretical basis of the subject of environmental administrative public interest litigation,mainly the origin and connotation of public trust theory and the theory of "private chief procurator",has played a theoretical supporting role for environmental administrative public interest litigation.The third part is the disputes and comments on the mode of the subject of environmental administrative public interest litigation.It mainly introduces the main points of view of the unitary subject of litigation,the dualistic subject of litigation and the ternary subject of litigation,and analyses the corresponding mode of the subject of litigation.The fourth part is the focus of this article,which is the innovation of the article.After analyzing the theoretical concepts,main theories and related contents of the main mode of prosecution subject in the previous parts,the author puts forward his own opinions on the main body of environmental administrative public interest litigation in our country.It mainly discusses that the main body of environmental administrative public interest litigation should adopt the dual mode of prosecution.It mainly introduces the following contents:Firstly,the dual mode of prosecution subject.The necessity of the subject of prosecution includes complementarity of advantages and effectiveness of litigation.Secondly,the feasibility of the dualistic prosecution subject,mainly the legislative and judicial basis.Finally,the order arrangement of the dualistic prosecution subject,elaborates on the "public right subject priority theory","private right subject priority theory" and the idea of the order arrangement.The main purpose of this paper is to analyze the main aspects of the prosecution subject system of environmental administrative public interest litigation,to study the current development status of the prosecution subject system of environmental administrative public interest litigation in China,the mode of prosecution subject that can be adopted and the order arrangement of multiple prosecution subjects.The significance of the research lies in that the writing of the paper can contribute to the study of the related issues of the subject system of environmental administrative public interest litigation in China and promote the development of this research field.In the process of creating the article,it is relatively easy to draw materials and difficult to innovate.Combining the interdisciplinary research methods of jurisprudence,administrative law,environmental and resource protection law,this paper briefly describes the analysis and construction of the subject system of environmental administrative public interest litigation,and puts forward its own suggestions for improving the subject of environmental administrative public interest litigation in China.