Research On Judicial Review Of Administrative Inaction In Environmental Administrative Public Interest Litigatio

Although China’s environmental administrative public interest litigation started late,it has become one of the most important weapons for environmental public interest protection.Whether or not the administrative organ being sued constitutes administrative inaction has become the main focus of controversy in court,but due to the vagueness of the relevant norms and theories,it is difficult for the court to make a clear judgment on administrative inaction in this new type of litigation.As an objective litigation,the protection of physical environmental public interest is the fundamental purpose of the system,and at the same time,the orderly value of environmental protection must be maintained.To achieve a proper balance between the two,a standardized judicial review is indispensable.This paper has found the problems of judicial review of administrative inaction in litigation through empirical investigation,which mainly include four points: unclear duties to be performed by administrative organs,unreasonable criteria for determining the full performance of duties,insufficient judgment on the possibility of acting and unreasonable judgment methods applied in the end.The essence is that most of the courts have ignored the orderly value of the system for the purpose of environmental protection,and thus failed to achieve the substantive review of the case.This paper proposes suggestions to improve the system: first,to clarify the supervision and management responsibilities of environmental administrative organs,and to exclude the determination of the response to prosecutorial recommendations;second,to propose a "conduct standard" as the main criterion and a "result standard" as a supplementary criterion.Secondly,the idea of "conduct standard" and "result standard" is proposed,and the two standards are optimized;again,the review of the reasonableness of the administrative organ’s pre-litigation performance period should be strengthened,and the consideration of factors that hinder the performance of duties should be enhanced;finally,it is suggested that the illegal judgment and the performance judgment should not be used,and the content of the administrative organ’s performance should be appropriately clarified in the performance judgment.