Study Of Environmental Administrative Litigation Of Public Interest

How to ensure that the environment is not polluted as economic developing is an eternal problem for human development.For a long time,the development of human society has always been at the expense of the environment.Ecological environment,as a relatively fixed public interest,has been seriously damaged,but people do not paid attention to environmental protection when developing economy,which has caused human and natural problems to become more serious.With the development of society,human beings pay more and more attention to environmental issues,and law is a part of environmental protection.As the public interest of the society,the legislation on ecological environment is called public interest litigation.Foreign public interest litigation has a long history,and public interest litigation systems are relatively mature.The development of China's laws related to environmental public welfare is very short.Although there are some tries of local regulations in different places,the public interest litigation system was established only after the revision of the Civil Law of the People's Republic of China in 2012.In the following development process,trials and other methods were adopted to modify and to introduce the Administrative Procedure Law of the People's Republic of China and interpretations.Most environmental administrative litigation of public interest related cases have been effectively resolved,but then some problems followed.Related supporting laws and regulations are not sound,difficult in investigating and obtaining evidence,insufficiently rigidity in terms of procuratorial recommendations,and lack of types of administrative incidental civil lawsuits,etc.The resolution of these issues will become the goal of the next stage of China's environmental administrative public interest litigation.This thesis takes environmental administrative litigation of public interest as the starting point.The first part briefly explains the concepts of related systems in the legal definition.The second part concerns with the contrasting analysis of foreign environmental litigation of public interest.The main contents are analysis of litigation systems and cases of foreign environmental litigation of public interest and summary of the advantages and disadvantages of foreign systems and practice so that the part from which China can learn will be concluded.The third part is the analysis of typical judicial precedents for environmental administrative public interest litigation in China.The existing typical judicial practice is summarized.So the problems existing in judicial adjudication under the current system based on practical cases will be found.The fourth part proposes the suggestions for improving the law of environmental administrative litigation system of public interest in China based on the specific problems found in the above practice.