Normative Analysis On The Clauses Of Natural Resources Public Interest Litigation

As one of the specific aspects of the public interest litigation system,natural resource public interest litigation is unique at the legal system level.It takes the protection of natural resources in a narrow sense as its core and relies on the constitutional normative path to understand the benefits of natural resources.Separated from the scope of environmental public interest litigation,given its independent legal status.The expression of the particularity of public interest litigation from the perspective of natural resource law requires that the value pursuit of natural resource protection and public interest be integrated into the public interest litigation system to highlight its characteristics.On the one hand,it is necessary to break through the traditional administrative protection methods and include public interest litigation into the range of options;on the other hand,it is necessary to use the natural resources law to define the core essence of natural resource protection to distinguish it from the emphasis on environmental public interest litigation.The protection of environmental legal interests gives the unique connotation of natural resource public interest litigation from the normative level.In addition,behind the unique value attributes of natural resource public interest litigation,lies the construction proposition of natural resource law.Natural resource public interest litigation,which combines both administrative and civil litigation types,can be used as one of the construction contents of natural resource law,breaking through the boundaries of traditional administrative protection and providing an effective judicial choice for natural resource protection.Therefore,the research on the propositions of natural resource public interest litigation clauses and the discussion of system perfection are helpful to understand the unique value connotation of natural resource public interest litigation itself under the perspect ive of natural resource law,and on this basis,it can be used as a basis for natural resource law.Concretely construct a theoretical response.In 2014,the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Promotion of the Rule of Law" mentioned "exploring the establishment of a public interest litigation system by procuratorial organs",and also emphasized the formulation and improvement of natural resources including "energy and mineral resources" laws and regulations.In the context of this era,it is right to combine the research of public interest litigation with the protection of natural resources.In breaking the boundaries of traditional national administrative responsibility for the protection of natural resources,the judicial measure of public interest litigation is used to protect natural resources more extensively.It is more contemporary.Natural resource public interest litigation is to use the special judicial procedure of public interest litigation to achieve the purpose of effective protection of natural resources.The natural resource public interest litigation clauses studied in this article are the relevant norm setting of our country.The study of its clauses also aims to clarify the statutory connotation and content composition of the natural resource public interest litigation clauses in our country.The research on the related clauses is also for practice.Provide theoretical guidance for public interest litigation activities of natural resources at different levels.The research on natural resource public interest litigation from the perspective of the independent legal system of "Natural Resources Law" aims to emphasize this as the substantive legal basis for natural resource public interest litigation,and highlights the importance of public interest litigation as a judicial protection approach in the field of natural resource protection.Unique legal function and positioning.Our country’s natural resource public interest litigation clauses are the basic institutional carrier in the intersection of "natural resource protection" and "public interest litigation",and their relative completeness is a necessary prerequisite for the effective operation of the natural resource public interest litigation system.Through combing the normative texts of natural resource public interest litigation in my country,this article explores the problems of the litigation purpose,subject,burden of proof and litigation protection involved in such clauses under the guidance of the paradigm of legal interpretation.Our country’s current natural resource public interest litigation involves the specific interest protection of the objective clauses,which are unclear,and the distinction between environmental interests is vague.The constitution should adhere to the spiritual essence of the understanding of natural resources interests,and draw up a separate natural resources code from the perspective of codification.To strengthen the independent interest attributes of natural resources.The normative clauses of the subjects involved do not highlight the nature of the natural resource protection responsibilities of the relevant subjects.For this,the relevant subjects should be listed more clearly and specifically based on the natural resource protection responsibilities.In addition,there is a conflict between lower-level legislation and higher-level legislation from the perspective of clearing laws and regulations,and the content of lower-level legislation that conflicts with higher-level legislation should be deleted,and the content of citizen participation should be further regulated to ensure the unity of legal norms and authority.The distribution of the burden of proof in the burden of proof clause involved is separated from the natural resource protection responsibilities undertaken by the subject,which presents a simple and vague problem of the division of responsibilities.The division of the burden of proof can be used for reference on the basis of clarifying the natural resource protection responsibilities of the litigation subject which divides the burden of proof of each subject in more detail.The litigation protection clauses involved lack targeted protection for natural resource public interest litigation,which in turn presents a lack of material protection and the lack of effectiveness of procedural protection.On the one hand,it is necessary to enhance the specific expression of material guarantee content and improve the operability of low-level regulations.Make a more specific statement on the source channels of natural resources public interest litigation funds,and more carefully regulate the scope of its fund expenditures to ensure the follow-up of material guarantees in natural resource public interest litigation.On the other hand,it is also necessary to improve the timeliness of procedural safeguards,to make clear and strengthen the interpretation clauses,to strengthen the efficiency of pre-litigation procedures and standardize the court’s interpretation of litigation claims as a breakthrough,and to further scientifically utilize judicial resources to improve the efficiency of litigation.