Research On The Review Standard Of Illegal Administrative Acts In Environmental Administrative Public Interest Litigation

In recent years,our country has stepped up efforts to build an ecological civilization.At the same time,the objective trend and inevitable concept of environmental governance globalization has boosted the wave after wave of national environmental legislation,and the environmental legal system has received wide-ranging attention and improvement.Environmental legislation and law amendment activities are unprecedentedly active.The development of globalization has promoted environmental litigation activities,and the pace of evolution of the corresponding environmental litigation system has been significantly accelerated.In the dilemma between environment and development,people try to find a balance between the interests of the two.This has also evolved into the legislative idea and ultimate goal,which is to try to achieve equal emphasis on economic development and environmental protection and avoid bias.The ever-expanding environmental rights and the development interests that have always been at the core are declining and advancing each other.Through the continuous improvement of environmental legislation,the theoretical research and practice of environmental public interest litigation will continue to be promoted,and the balance between protection and development will be explored in order to achieve an ideal governance state.In recent years,with the increasing number of environmental pollution incidents and the continuous escalation of damage to environmental public interests,my country’s environmental litigation cases have increased significantly.As an effective judicial guarantee for environmental protection,environmental public interest litigation has received more and more attention and recognition from the society.In 2012,my country’s environmental public interest litigation was initially affirmed in the legislation,and subsequently the newly revised Environmental Protection Law and the supporting judicial interpretations further standardized and structured it.The environmental public interest litigation has entered a new level from theory to implementation.A new stage of development.However,the embarrassing fact is that even though the main issue of environmental public interest litigation that has received social attention and controversy in recent years has "dust settled",environmental pollution and ecological damage have occurred frequently,and environmental public interest litigation has not formed a spurt of growth.It is often reported that there are cases where cases cannot be sued,cases are unwilling to be sued,cases cannot be accepted,acceptance cannot be adjudicated,and judgments are difficult to enforce.The function of judicial protection of environmental public interests has not been effectively brought into play at this stage.Environmental public interest The litigation is difficult.This has to arouse people’s thinking: What are the links that restrict the initiation of environmental public interest litigation in my country? What reasons make the transplantation of environmental public interest litigation "unacceptable" in China?In 2017,the relevant provisions of the Administrative Litigation Law were amended to grant the People’s Procuratorate the power to initiate environmental administrative public interest litigation,and to judge whether there is any illegal behavior in the environmental protection performance of the administrative agency,or whether to correct the illegal administrative behavior after receiving procuratorial advice becomes the starting environment The key to administrative public interest litigation procedures is also the basis for the conversion of pre-litigation procedures and litigation procedures.In recent years,this subject has become a hot issue in the academic circles.However,the specific operating rules for the people’s procuratorates to exercise their powers are not specified in detail,and there is ambiguity about what review standards the people’s procuratorates use in the pre-litigation link to determine the illegality of administrative actions.Only by improving the review standards for illegal administrative acts can we promote the standardized operation of environmental administrative public interest litigation in my country and promote a more complete environmental legal system.Existing standards for reviewing illegal administrative acts in environmental administrative public interest litigation do not meet the purpose of protecting public interest in public interest litigation.Among them,behavioral standards and outcome standards may reduce the enthusiasm of administrative agencies when reviewing the performance of their duties,or may violate the division of rights in principle.Based on the existing review standards,the People’s Procuratorate should review administrative actions in stages when exercising their powers,determine comprehensive review standards including behavior standards,result standards,and substantive legal standards,clarify the key points of the review,and combine environmental administration.The legal attributes,purposes and functions of public interest litigation shall be improved to improve relevant judgment standards.This article takes the review standards of illegal administrative actions in environmental administrative public interest litigation as the starting point,combs and studies the concepts,characteristics,actual cases and experience reference,and includes four chapters.The first chapter starts from the concept and characteristics of environmental administrative public interest litigation and administrative action review standards,expounds the difference between it and general administrative public interest litigation,combines the types of administrative actions,and then analyzes the significance of establishing the review standards for illegal administrative actions.The second chapter combines the current situation of environmental administrative public interest litigation cases in my country and then discusses relevant cases from the legal provisions,and evaluates and analyzes them,and explores and discovers the problems and defects of the current review standards for illegal administrative acts in environmental administrative public interest litigation in our country.The third chapter analyzes the characteristics of environmental administrative public interest litigation systems in the United States,Britain,Germany and Japan,and compares and draws on the useful experience of other countries.The fourth chapter further revises the defects of the current system in combination with our country’s laws and regulations,and demonstrates the applicability of the establishment of substantive examination standards and the establishment of substantive legal examination standards from multiple angles.The context of this article is to analyze the current situation and put forward the problems in the review standards of illegal administrative actions in environmental administrative public interest litigation in my country,summarize the focus of disputes through the method of case analysis,and put forward specific suggestions for improvement in the future environmental administrative public interest litigation in our country.The determination of the standard for review of illegal administrative acts indicates the direction,which will help the procuratorial organs to quickly identify the degree of performance of administrative subjects in the future,and realize the improvement of supervision ability and quality and efficiency.