On Environmental Administrative Public Interest Litigation

In recent years,environmental pollution events in the field of environmental resources and ecological protection occur frequently.From severe haze weather in Beijing to water pollution of the Yellow River,the harmonious relationship between human and nature deserves our deep reflection.The ecological environment problem has become one of the biggest issues affecting the healthy life of residents.In order to solve the lack of supervision of administrative organs behind environmental violations,environmental administrative public interest litigation came into being on June 27,2017,which is the main means to deal with environmental problems after civil public interest litigation.It effectively solves the real dilemma of “no litigation” while protecting public interests.The environmental administrative public interest litigation system under construction reflects the efforts made by the state in the governance of environmental issues.Although it has been refined by the “two supreme interpretations” in 2008,due to its late start,there are some problems worthy of discussion in theory and judicial practice.For example,In the pre-litigation procedure,the judicial organ judges that the administrative organ is too mechanized in the performance of the procuratorial advice,and it should make different treatment according to different situations.The complexity and diversity of modern society lead to the increasing number of compound cases,in which the perpetrator is sentenced to both criminal and administrative penalties,and the two proceedings do not conflict with each other.The judgment cases show that the judgment form of environmental administrative public interest litigation in China is relatively simple,and the judgment content is relatively general.The administrative procedure law stipulates six forms of judgment.Other types of judgment should be applied more and more frequently,and judicial judgment should also focus on the pursuit of clear content.Article 12 of the "two supreme interpretations" only stipulates that if the defendant fails to perform the effective judgment,it shall be transferred by the people's court for execution.There is no clear regulation on the follow-up issues and the supervision responsibilities of the procuratorial organ after the judgment comes into force.Through the reflection of the existing judicial system in China and the combination of judicial documents and cases,this paper puts forward some suggestions to build a green life and a healthy China.