Research On The Establishment And Implementation Path Of Preventive Environmental Administrative Public Interest Litigation System

The modernization of harmonious coexistence between man and nature is one of the connotations of Chinese-style modernization,China is paying more and more attention to environmental issues in its modernization construction.Under the scientific guidance of Xi Jinping’s ecological civilization thought,our country has gradually improved the public interest litigation system,established an environmental administrative public interest litigation system at the level of procedural law,and realized the regulation of environmental damage in the field of administrative litigation.In this regard,this thesis analyzes classic cases and raises questions based on the cases,including errors in the identification of the responsible subject and errors in the identification of facts.This leads to preventive environmental administrative public interest litigation.On this basis,analyze the necessity and feasibility of the preventive environmental administrative public interest litigation system.Its necessity lies in the requirement of legal protection,the principle of prevention first in environmental law,the post-event relief of current environmental public interest litigation,the blame of administrative agencies’ mistakes in the current system on civil subjects,and the mixture of preventive and invasive environmental administrative public interest litigation.Its feasibility lies in the support of the constitutional basis of the preventive environmental administrative public interest litigation system,the basis of the administrative procedure law,and the principle of the unity of powers and responsibilities of administrative agencies.It also analyzes the extraterritorial legal experience of two kinds of lawsuits: German environmental group litigation,and Indian environmental public interest litigation,and draws inspiration for my country’s preventive environmental administrative public interest litigation system.Finally,it analyzes the obstacles to constructing a preventive environmental administrative public interest litigation system and proposes solutions.By clarifying the types of illegal administrative acts and litigation requests,the scope of litigation cases is clarified.Improve the pre-litigation procedure by clarifying the criteria for judging the performance of administrative organs’ duties,flexibly setting the time limit for the pre-litigation procedure,and establishing the power to prohibit the pre-litigation procedure.Correctly define major risks by clarifying the subject of major risks,ascertaining the essential attributes of major risks,and determining the criteria for judging major risks.