Research On Litigation Of Environmental Administrative Omission China

In recent years,with the rapid development of industrialization and urbanization,China’s environment has been continuously destroyed.However,environmental administrative organs often fail to perform their supervision duties,which leads to an increasing trend of environmental administrative omission cases.Compared with other countries,the study of environmental administrative omission litigation in China started relatively late,and its judicial governance is still in an immature stage.This makes it difficult to safeguard the legitimate rights and interests of the parties and the public interests of the state.In the administrative procedure law revised in 2017,it is clear that procuratorial organs have the plaintiff qualification to bring administrative public interest litigation to the court.On the one hand,it effectively urges environmental administrative organs to perform their statutory duties.On the other hand,it avoids the further loss of our public interest.However,the environmental administrative omission is hidden,and there are still many deficiencies in the administrative procedure law,so the legal rights and interests of administrative counterparts are still difficult to be relieved.Therefore,this paper takes environmental administrative omission as the starting point of litigation,studies it by means of literature analysis,case study,comparative analysis and other methods,and puts forward some ideas for the problems analyzed.This paper studies from the following four parts.First,the concept,characteristics and constitutive elements of environmental administrative omission are studied.Second,through the network and retrieve the magic weapon of Peking University from the written judgment of case classification and analysis,obtained our country environment administration nonfeasance litigation present problems,and to retrieve the case its problems were demonstrated: scope of accepting cases is not big enough,the public interest litigation plaintiff qualification is restricted,the burden of proof is unreasonable,the administrative relative person for compensation is difficult.Thirdly,this paper investigates the litigation of environmental administrative omission in the United Kingdom,the United States and France,and summarizes the contents that can be used for reference in China.Fourth,in view of the problems presented by environmental administrative omission cases,some Suggestions are put forward: expand the scope of accepting cases of environmental administrative omission in China,expand the protection of rights types,and improve the administrative litigation jurisdiction system in different places;We should expand the qualification of the plaintiff in environmental public interest litigation in China and endue the citizen with the qualification of the plaintiff while retaining the procuratorial organs and social organizations.We should improve the distribution system of burden of proof and clarify the scope of proof for the plaintiff and the defendant.We will improve the system of state compensation,include administrative omission in the law on state compensation,and determine the compensation organ.