Research On Social Organizations' Environmental Administrative Public Interest Litigation

The economic development of our country in recent years is obvious to everyone.Although China has made many achievements and achievements that attract worldwide attention,at the same time,environmental pollution,as a by-product of economic development,has also attracted widespread attention and attention.The environment faces enormous challenges and pressure.The development and progress of modern society has gradually indicated that an era of ecological civilization is officially coming.The basic core of ecological civilization is the management and protection of the environment,and it has a profound impact on the practice of environmental protection and the rule of law in China.As China's environmental pollution problems become more and more serious,the people's awareness of environmental governance and rights protection has become increasingly stronger.At the same time,the country has also begun to pay attention to environmental pollution issues.Therefore,environmental administrative public interest litigation has gradually entered people's lives.Social organizations have a This kind of public welfare force beyond the state and individuals in society,the importance and advantages of social organizations in modern society are obvious,so social public welfare organizations should give full play to their own needs in solving social environmental problems and in the process of administrative public interest litigation.Value and role.However,even though many social organizations are actively participating in social environmental protection and administrative public interest litigation,the qualification of plaintiffs involved in environmental administrative public interest litigation still has no corresponding legal basis to hinder their development.Therefore,it is necessary to discover and solve the dilemmas and defects that social organizations may face in the filing of environmental public interest litigation,and strengthen the state 's key support and incentives for the development of environmental protection social organizations.Social organizations 'participation in environmental administrative public interest litigation is an irresistible trend in China.Improve and remedy the environmental administrative public interest litigation process through various effective means.The theoretical research of this paper is mainly through the use of literature system analysis method,comparative system analysis method and historical system analysis method,etc.,to analyze and discuss some problems that may exist in China's social organizations in the process of filing environmental administrative public interest litigation Its dilemma has been analyzed in the following aspects.First,it systematically elaborated the basic theory of social organization's environmental administrative public interest litigation,first introduced the basic concept connotation of social organization and environmental administrative public interest litigation,and then outlined its The theoretical basis that it relies on includes environmental rights theory,environmental public trust theory and private inspector general theory.Secondly,this article specifically clarifies the current status and dilemma of social organizations' environmental administrative public interest litigation.The status is divided into the status of legislation and the status of judicial practice.The dilemma is manifested by the lack of legislative support,evidence rules,high litigation costs and lack of funds.etc.Thirdly,the third part of this article specifically elaborates on the necessity of social organizations to raise environmental administrative public welfare,including: the characteristic advantages of environmental protection social organizations,that is,social organizations can regulate administrative power,realize the active participation of the public and exert their independence,Public welfare and professional advantages;the limitation of the organ as the sole plaintiff subject,that is,the litigation subject and the source of the case clue are single,which restricts the social organization from exercising the supervision power,and the special status of the organ also affects the fairness and fairness of the litigation.Finally,in light of the aforementioned status and dilemma,a specific analysis is put forward to the corresponding perfect path for social organizations to file environmental administrative public interest litigation.The first task is to give the plaintiff the qualifications of the plaintiff of the social organization in the form of legislation,reduce the threshold of litigation,set the access mechanism,and improve Issues of evidence rules for evidence collection,optimization of litigation guarantee mechanism,reduction and exemption of litigation fees,establishment of litigation special fund and incentive mechanism.