Under The Constitution, The Administrative Agency As The Plaintiff In Environmental Civil Public Interest Litigation Is Studied

In order to cope with the growing ecological pollution problem,In 2015,China began to explore the reform experiment of establishing the compensation system for ecological environmental damage.Part of the reform of the original civil environmental public interest litigation system of the eligibility of the plaintiff from current law explicitly stipulated the scope of procuratorial organs,environmental protection,extended to the administrative organ,social organization,This reform involves many constitutional questions: can the administrative organ be the plaintiff in environmental civil public interest litigation? In the civil procedure law "," environmental protection law are not order the administrative organ to do under the condition of the plaintiff,whether in China based on the central committee of the communist party of China,the state council issued the documents to reform experiment? What is the basic position and framework of the current constitution for China's environmental protection? If the administrative organ is allowed to bring environmental civil public interest litigation,what adjustments should be made to the existing legislative system? With these problems,my thesis has been carefully analyzed and studied.The specific contents are as follows:The first part is a summary of the current situation of civil public interest litigation.First of all,from the definition of civil environmental public interest litigation,characteristics and functions of environmental civil public interest litigation system,the study on the concept of civil litigation system,and to emphasize the administrative organ initiate civil environmental public interest litigation on the value of the environmental civil public interest litigation system function for sex;Secondly,based on the Marine environmental protection law and the reform of experiment content of policy documents summary,elaborates on the current administrative organ initiate civil environmental public interest litigation system main components.The second part is about the administrative organ as the environmental civil public interest litigation plaintiff's constitutional foundation analysis.First of all,from the Angle of the standard structure,implementing path of the current environmental protection clause of the constitution explained,with arguments about administrative organ initiate civil environmental public interest litigation in the judicial system reform is implemented on the specific terms of the constitutional protection of the environment;Second,from the connotation,the nature of the basic rights of civil environment right and into the process of constitution of civil environment right is a fundamental right,and on the base of the civil environmental right is further extended out of the state environmental protection duty form and its practice,to prove identity of public power with administrative organs initiate civil environmental public interest litigation is the state of environmental protection an obligation;Finally,based on the environmental protection responsibility to define administrative organizations,and the value function,demonstrates the way of administrative organs through litigation to realize the value function of the environmental protection responsibility.The third part is about authorizing administrative authorities to bring up the constitutionality analysis of environmental civil public interest litigation documents.First of all,through the observation of the authorization documents formulation subject,develop procedures,license file will be identified as the reform experiment of policy documents,at the same time according to the basic principles of the constitution and constitutional community the mainstream views of the refining in addition to the policy document should meet the requirement of constitutionality.Second,from the authorization document does not comply with the constitutionality requirement,and according to the "benign unconstitutional" judgment standard,the authorization document as "benign unconstitutional" policy document.The fourth part is about the feasibility analysis of the administrative organ as the plaintiff in environmental civil public interest litigation.By procuratorial organ identity conflicts existing problems,practical problems,the program runs,and environmental groups have the problems of their own conditions and external environment analysis,summarizes the administrative organ relative to the procuratorial organ,environmental protection organizations have the right to Sue the legal main body of the have comparative advantage.The fifth part is about the restoration of civil public interest litigation system.At first,for the policy documents which is the basis of the current reform test "benign unconstitutional" problems,put forward the authorized by the National People's Congress or the standing committee of the National People's Congress enacted the reform experiment of decided the solution;Secondly,the amendment of the existing legislation stipulates that the plaintiff qualification of the specific administrative organ and the scope of the case that the administrative organ can bring the lawsuit can be limited,so as to realize the smooth connection between the reform and the legislation;Finally,in order to avoid the excessive litigation risk of the administrative organs,the civil public interest lawsuits brought by the administrative authorities are reintroduced to the special case review system.