| With the increasing complexity of environmental litigation,the system of environmental public interest litigation is also developing.Scholars have expressed their opinions on whether environmental administrative public interest litigation and environmental civil public interest litigation should be adopted in the cases of interwoven administrative and civil disputes,or whether environmental litigation should be specialized to solve environmental disputes and safeguard environmental public interest.However,in judicial practice,civil public interest litigation attached to environmental administration is adopted to solve the cases in which administrative disputes and civil disputes are intertwined in the field of ecological environment.With the core concept of safeguarding the public interest,the environmental administrative incidental civil public interest litigation is based on the administrative incidental civil litigation system and the environmental public interest litigation system stipulated by the current law,and two cases are tried through the same procedure.It not only improves the litigation efficiency,but also makes up for the procedural defect of only pursuing the legal liability of a single subject in the environmental administrative public interest litigation and environmental civil public interest litigation,thus saving the judicial resources.However,there are still a few cases of environmental administrative civil public interest litigation to solve environmental disputes in judicial practice.The reason is that there are some problems in the conditions of civil public interest litigation attached to environmental administration.The setting of the conditions for prosecution plays a guiding role in the litigation activities of the litigants.Prosecution is the starting point of the litigation activities.Clarifying the content of the conditions for prosecution is conducive to better carrying out the civil public interest litigation attached to environmental administration.Although the current legislation does not clearly stipulate the prosecution conditions of civil public interest litigation attached to environmental administration,part of the prosecution conditions are clearly specified in the essence of the guiding case No.29 issued by the Supreme People’s Court,which has judicial applicability.According to the regulation of guide case number 29,if want to initiate administrative incidental civil environmental public interest litigation needs to meet by the procuratorial organs prosecution,the defendant is the administrative body of the case,and the civil law violator,cases should belong to the jurisdiction of the court,environmental administrative public interest litigation has not more than the statute of limitations,to a people’s court shall be filed a lawsuit,to have specific claims and reasons,before prosecution need to perform a series of conditions to complete before litigation procedure.Through the analysis of the judicial application of civil public interest litigation attached to environmental administration,it is found that there are still some problems in the conditions of prosecution.At present,there is no clear provision on the scope of civil public interest litigation incidental to environmental administration in the legislation,and the confirmation of prosecution conditions is mostly from the summary of No.29 Guiding Case.And no.29 guide case itself to the environment of the administrative incidental civil public interest litigation case range is too broad,plus no.29 cases guiding the matters not covered in the can consult the administrative procedure law of the People’s Republic of China(hereinafter referred to as the "administrative procedural law")and "the civil procedure law of the People’s Republic of China"(hereinafter referred to as the "civil procedural law"),which makes the case scope of administrative incidental civil environmental public interest has become more blurred,so need to clear the applicable scope of the lawsuit.At the same time,the biggest feature of environmental administrative civil public interest litigation is the existence of two different nature of the case.Under normal circumstances,two cases of different nature should be put on file and tried separately,but because of their existence of some relevance,it can be tried through a trial procedure.Although in order to solve the traditional environmental administrative public interest litigation and environmental civil public interest litigation can only hold a single procedural defects in illegal main body responsibility,in the judicial practice trying to adopt the way of administrative incidental civil environmental public interest litigation of solving the administrative dispute and civil dispute which cases,but not for administrative dispute and specified standards for the correlation of civil disputes.Even in any proceedings required for litigation and also exist in the request for administrative illegality judgment standard is different,resulting in what circumstances can Sue is not clear the problem,and the claims have appeared in the choose not accurate,homogeneity,the characteristics of abstraction,unable to realize comprehensive protection of public environmental welfare.Therefore,it is also very important to clarify the judgment standard of administrative illegality,apply various types of litigation claims,and regulate the alteration of litigation claims in the prosecution conditions of civil public interest litigation attached to environmental administration.In addition,as a special form of public interest litigation,civil public interest litigation attached to environmental administration also needs to follow the general provisions of public interest litigation,that is,the pre-litigation procedure needs to be fulfilled when the lawsuit is filed.There are two pre-litigation procedures in civil public interest litigation incidental to environmental administration,but they do not explain how to link up the pre-litigation procedures with the litigation procedures.Therefore,it is essential to improve the linking rules of the pre-litigation procedures and the litigation procedures.In general,environmental administration incidental civil public interest litigation has the advantages of improving litigation efficiency and maintaining judicial justice,but it is less applicable in China’s judicial practice,and there is still some room for improvement.Prosecution is a lawsuit activity began to sign,conditions of prosecution is the administrative incidental civil environmental public interest litigation system in the indispensable content,clear prosecution conditions,the content of the analysis in the current judicial practice problems under the condition of prosecution,and put forward the corresponding optimization,in order to better improve and carry out the administrative incidental civil environmental public interest litigation. |
