| The environment on which human beings live should not only meet the basic living needs but also provide a good space for activities.On the premise that the green principle has been taken as the basic principle,the environmental administrative public interest litigation for the relief of the public interest has also emerged.Since the pilot work of public interest litigation was carried out in 2015,China has accumulated valuable practical experience in environmental administrative public interest litigation.Similar cases around the country also indicate that this kind of litigation has a good trend of development,but there are also some problems in practical application that need to be solved.This paper starts from the practice of environmental administrative public interest litigation in China,integrates the existing regulations and relevant experience on environmental administrative public interest litigation,extracts the judicial practice problems reflected in the two cases and puts forward its own suggestions.In general,this paper selects the Guiding case No.137 issued by the Supreme People’s Court in 2021 and the typical case in Chongqing as the template,summarizes the concept and legislative status of environmental administrative public interest litigation in China after sorting out the cases of the two cases,and concludes three questions: First,in the pre-litigation procedure of environmental administrative public interest litigation,there is no unified standard for the identification of whether the administrative authorities with supervisory responsibilities are performing their duties and whether they are performing their duties completely.Second,how to deal with the possibility of violating both administrative law and criminal law in the case of environmental infringement;Third,when different judges make judgments in such cases,the legal provisions are not clear for the time being,so the judgment standards are inconsistent when they make judgments confirming the violation and continuing to perform their duties.In view of these three problems,after analyzing the existing relevant regulations on performance standards,liability concurring and judgment standards,this paper concludes the problems presented in the case,that is,the implementation of environmental administrative public interest litigation system has unclear provisions on performance period,execution responsibility is not smooth,and court judgment standards are inconsistent.At the same time,I also put forward my own opinions and suggestions,including: improving the legal provisions on the determination of performance standards,taking "effectiveness" as the standard to measure performance of duties,and limiting the period of performance of duties of individual cases according to the differences of environmental infringement acts and ecological environment;To establish a link mechanism of execution responsibility based on the "three-step method";It should be careful to confirm illegal judgments separately and clarify the content of execution of judgments.In order to improve the environmental administrative public interest litigation system in practice have meager help. |
