Judicial Cognizance Of Administrative Organs’ Omission In Environmental Public Interest Litigation

The promulgation of 《Administrative Procedure Law》gave administrative public interest litigation a legal and authoritative foundation,but it has not yet constructed a complete administrative public interest litigation system.At present,there are still some administrative organ in our country that are slack in performing their duties and cannot play an active role in environmental administrative litigation,resulting in continuing environmental damage.Regarding the issue of whether to perform statutory duties,procuratorial organs,environmental protection administrative authorities and courts have different perceptions.The procuratorate believes that the environmental administrative in charge that fails to perform its duties is illegal,However,environmental administrative organ believes that it has not violated the law in fulfilling its duties,and the court,as a judicial authority,must make judgments based on facts and laws.In public interest litigation cases procecuted by procuratorial organs,only after the procuratorial organ issues a procuratorial recommendation,the administrative organ still does not act,the procuratorial agency will procecute a public interest litigation,and for procuratorial suggestions,some administrative organs are only perform their duties apparently,and ignore it and do not follow up,it is impossible to restraint the situation of environmental pollution,and it is impossible to achieve the purpose of environmental administrative litigation.Therefore,it is particularly important to clarify the aging and determine the standard in environmental administrative public interest litigation.At present,the existing relevant laws,regulations and judicial interpretations of our country are not clear about "what is environmental administrative omission,whether the court judgment can confirm the violation of omission and perform their statutory duties within the aging at the same time,and the relevant documents are not clearly defined.In recent years,the court’s cases about environmental administrative omission are on the rise,confirming administrative organs illegal,and investigating the legal liability of dereliction of duty and dereliction of duty have become difficulties in practice.In the process of court trial,the court will also encounter such problems as the subject of litigation,the allocation burden of proof,the form of judgment,etc.These problems have not yet formed a unified standard in the judiciary,and many judgments became empty words.The phenomenon of environmental administrative omission needs to be solved urgently,and practice calls for a unified judicial standard.This thesis attempts to analyze the administrative organs omission in five parts,and tries to make suggestions on the judicial determination of environmental administrative omission.The first part explains the background and significance of the study,domestic and foreign research at present,the new ideas and the method and the main innovation spot;The second part introduces the basic details of the case,the gist of the judgment and the focus of controversy;The third part comments on the relevant legal issues of the case;The fourth part analyzed the reason,the characteristic and the manifestation of the environmental administrative omission;The fifth part is an important part of this study,in view of the difficult problems existing in current trial,give suggestions to improve the judicial determination of environmental administrative omission.Hoping that in the future,environmental administrative public interest litigation can get more attention,all kinds of subjects can actively play a subjective initiative to make the ecological environment improved,the fundamental interests of the people,the state property can be better protected.