Empirical Research On Forestry Environmental Administrative Public Interest Litigation

One of the statutory duties of the forestry administrative agency is timely and effective to supervise the destruction of forests,trees or woodlands.However,in practice,because the wide distribution of forest resources and the limited enforcement power of forestry administrative agencies,many forestry administrative agencies failed to timely and effectively supervise those violators to restore the destroyed trees and woodlands.The problem of the restoration of the forest is related to the restoration of the damaged ecological environment,and it is also related to the interest of the national or social public.Therefore,it is significance for the procuratorial organs to urge the forestry administrative organs to perform their duties according to law in time by using pre-litigation procedures or filing an administrative public interest litigation.By analyzing the 294 forestry environmental administrative public interest litigation judgment documents when they started at the administrative public interest litigation trial to March 2020.Then they show the following cobclusions.First of all,the number of cases shows a trend of decreasing and gradually flattening after a sudden outbreak.Secondly,the first-instance trials are the main ones and in the term of the geographical distribution of cases,the three provinces of Jilin,Yunnan and Neimenggu where have rich forest resource rank the top three,and the four non-previous pilot provinces of Chongqing,Sichuan,Shanxi,and Heilongjiang have the fewest number of cases.Thirdly,the response of forestry administrative organs to the pre-litigation procuratorial recommendations is average,and about one-third of the forestry administrative organs do not reply to the procuratorial recommendations in writing on time.Fourthly,when prosecutorial organs file administrative public interest lawsuits against the forestry administrative organs,accusing they of dereliction of duty are the most common reason,accounting for more than half of the total number of cases,followed by forestry administrative management(forestry).The two types of cases accounted for about 90% of the total cases.Fifthly,in most cases,the defendant is the forestry authority,and in a few cases,the defendant is the forest agency that made the entrustment or the forest public security organ.Lastly,in most cases,the court partially or fully supported the claims of the procuratorial organ.In the process of lawsiut,the controversial points in the cases mostly focuse on three aspects: whether the defendant is eligible,and whether the forestry authorities could further impose administrative penalties on the violators who have been punished by criminal law,and the criteria for judging whether the forestry authorities have fulfilled the obligation to urge the violators to afforestation to restore forest.There are different results in the judgment on these three controversial aspects,which are the main difficulties of the current judicial practice of forestry environmental administrative public interest litigation in our country.In order to correct the situation of disagreement in the judgment and to eliminate the judicial difficulties of the forestry environmental administrative public interest litigation in our country,the following suggestions are made.With regard to the eligibility of the defendant,it should be clear that: under certain conditions,the forest public security organ can be a defendant alone,and other administrative agencies' active or derelict acts cannot be reduced or eliminated the forestry administrative organ to bear its own duties.Refine the rules for handling cross-executing cases in administrative issues and criminal issues,after the violator has been punished by criminal law,the forestry administrative agency can not fine the violator again,but can require him or her to restore.The thesis also puts a suggestion for increasing the use of incidental civil public interest litigation in forestry violation cases.In judging whether the forestry administrative organs perform their duties,this thesis proposes to construct the corresponding evaluation criteria.Meanwhile,the Forest Law was revised in December 2019,but it has not yet entered into force,so in the Chapter 4 of the thesis,it points out that the newly Forest Law will bring some impact on the issues that have been discussed in this thesis.