Research On The Implementation Of Environmental Administrative Public Interest Litigation In Minority Areas

With the increasing attention to the ecological environment in China,the way to establish the relevant litigation system has been put onto the legislative agenda and caused extensive discussion by academic community.In 2017,the provisions of environmental administrative public interest litigation initiated by the procuratorial organ were written into the administrative procedure law.Since then,China has officially created a unique system of environmental administrative public interest litigation in legislation,which takes judicial litigation as a powerful guarantee for environmental protection.For ethnic minority areas,good ecological environment is related to the sustainable development of economy and society,and also to the realization of the "five in one" strategy.At present,the four key areas and four key projects in the "National Ecological Environment Construction Plan" determined by China are all in ethnic minority areas.The "natural forest protection project" and the projects of returning farmland to forest and pasture are mainly in minority areas.Nearly half of the 226 national nature reserves are in minority areas.In order to protect the legitimate rights and interests of ethnic minorities and realize the common development of all ethnic groups,we should pay attention to the environmental protection of ethnic minorities.Therefore,to study the implementation of environmental administrative public interest litigation system in minority areas is to study how minority areas protect environmental rights and interests through judicial litigation,which helps us gain a glimpse of everything and explore the experience and experience of environmental protection in minority areas insufficient.Then take targeted protection measures to promote the construction of the ecological environment in ethnic areas.Enshi Autonomous Prefecture has an excellent ecological environment and the reputation of "Xianju Enshi".The State Party Committee and the State Government attach great importance to the protection of the ecological environment,and regard "ecological statehood" as one of the five strategies.Since my country officially implemented the environmental administrative public interest litigation system,EnshiAutonomous Prefecture concluded a batch of environmental administrative public interest litigation cases relatively quickly.The scope of the case is wider and the types of cases are diverse.It is suitable for studying the implementation of environmental administrative public interest litigation system in minority areas,so that it can be seen in small and large.Enshi Autonomous Prefecture has achieved great rusults since the implementation of the environmental administrative public interest litigation system.However the implementation has also exposed some obstacles to the operation of the system,which can be reflected in the distribution of burden of proof and some other aspects.By analysing the underlying reasons,it can be found that the minority areas are not suitable for adopting a remote jurisdiction system;without combining the local objective environment,it is not possible to flexibly grasp the laws and regulations,which leads to a general problem of hasty prosecution;and also the doubt whether there is a double standard in the performance of duties by administrative agencies,resulting in litigation The result is "one-sided";the distribution of burden of proof in environmental administrative public interest litigation in ethnic minority areas is not suitable for completely applying the model of economically developed areas;in addition,administrative agencies' concerns about accountability issues have also partially caused the phenomenon of low appeal rates.Therefore,this article puts forward many suggestions for linking with the administrative litigation supporting system and national policies,including improving the level of jurisdiction in minority areas,accurately grasping the time limit for prosecution,clarifying the relationship between the performance of duties and the status quo of governance,embedding the third party system reasonably Distribute the burden of proof,and introduce supervision and supervision after litigation,with a view to advancing the implementation of the environmental administrative public interest litigation system in China's minority areas.With a view to better promoting the implementation of the environmental administrative public interest litigation system in ethnic minority areas in my country,promoting ecological environmental protection in ethnic minority areas,and ultimately promoting the construction of the entire ecological civilization in my country.