Research On Legal Issues Of Environmental Administrative Public Interest Litigation

In the situation that the environmental pollution problem is still serious and the environmental infringement incidents occur frequently,the environmental administrative public interest litigation has increasingly become an important way to supervise and solve the environmental pollution prevention and control problems.Although China has implemented environmental administrative public interest litigation in pilot areas and amended the civil and administrative procedure laws to launch public interest litigation nationwide,there are still many problems to be solved in some details.To this,but through the procuratorates at all levels in recent years,the courts to deal with the environmental administrative public interest litigation cases and the empirical analysis,rapid response to the legal status of procuratorial organs,the subject of litigation,the burden of proof,before litigation procedures,obtain evidence legality examination device such as a specific law enforcement power and administrative behavior on fuzzy chaos,to timely discover and forging direction of environmental administrative public interest litigation system with Chinese characteristics.Based on this,this article selects the country and some information on the development of environmental administrative public interest litigation in yunnan province as the breakthrough point,by means of statistical analysis to our country environmental administrative public interest litigation cases to handle the situation,problems,causes and countermeasures for the issue of research in China,and explore the people's procuratorate at the performance of the legal supervision function and to bring administrative public interest litigation plaintiff identity conduct environmental administrative public welfare lawsuit under the constitutional position of the existing problem and countermeasure analysis.This paper is divided into four parts.In the first part,the relevant theories and concepts of environmental administrative public interest litigation are briefly expounded,and the practical necessity of carrying out environmental administrative public interest litigation is presented,so as to provide theoretical support for the analysis and demonstration of the following paper.The second part analyzes the development status of environmental administrative public interest litigation in China.It summarizes and statistics the development status of environmental administrative public interest litigation in China,including the legislation,judicial interpretation,case handling guidelines,the development status of cases in China and the development status of environmental administrative public interest litigation in yunnan province.Third part selected case top inspection guidance "qingliu county environmental protection bureau administrative public welfare lawsuit" and "environmental protection bureau of baoji city in shaanxi fengxiang branch incomplete since the case is analyzed,and it is concluded that China's environmental administrative public interest litigation problems before litigation procedure and litigation procedure of cohesion,fails to perform the statutory duties of cognizance,collect evidence for the investigation of the procuratorial organ the main problem with these three aspects;The fourth part in view of the environmental administrative public interest litigation mentioned in part on the problems existing in the consummation countermeasure,through straightening out the relationship between the procuratorial supervision and environmental administrative power and the relationship between the environmental administrative public interest litigation and the related action as the basic train of thought,respectively from before litigation procedure as the function of the prepositional procedure into full play,takes office with administrative organs to carry out the substantive legitimacy examination,refined,collecting evidence of procuratorial organ in the administrative public interest litigation three aspects put forward the corresponding measures and Suggestions.