Research On Public Interest Litigation System Of Environmental Administration

In recent years,environmental problems have become the key factors that restrict the sustainable development of society and affect the level of human health.Strengthening environmental protection is one of the important issues in this century.The environmental administrative public interest litigation system,as an effective means of supervising administrative organs to protect the environment,has emerged.Environmental public interest litigation system refers to a system that allows the plaintiff who has no direct interest in the case to file a lawsuit to the court for the purpose of maintaining public interest.It has the characteristics of prevention,specialization and supervision.It is of great significance to improve the system for protecting citizens' environmental rights,promoting the administration by law and improving the legal system of our country.At present,there are four problems in our country's environmental administrative public interest litigation system,such as the narrow scope of accepting cases,the imperfect procedure setting,the unscientific distribution of the burden of proof and the limited subject of the plaintiff.We should learn from the relatively mature experience of foreign countries in the process of developing the system.In view of the existing problems,focusing on the specific reality of our country,we should improve the following aspects: first,broaden the scope of accepting cases,including abstract and harmful administrative acts in the scope of accepting cases;second,improve the litigation procedure,in addition to improving the pre litigation procedure,we should also build reconciliation procedures;third,scientifically allocate the burden of proof,in order to reduce the burden of proof of procuratorial organs At the same time,we should perfect the mechanism of investigation and evidence collection;fourthly,we should reasonably stipulate the plaintiff's subject qualification and set up reasonable litigation costs.In order to achieve the maximum benefit of environmental administrative public interest litigation system.