| Since the 18 th Party Congress,General Secretary Xi Jinping has given a series of important instructions on building a firm ecological security barrier in the north of the motherland.The study of grassland environmental administrative public interest litigation is a contribution to the rule of law in building a firm ecological security barrier in the north of the motherland,and is the ‘Inner Mongolia Practice’to implement the important instructions of General Secretary Xi Jinping on building a firm ecological security barrier in the north of the motherland.To solve the dilemma of judicial practice of environmental administrative public interest litigation is the right thing to do to improve the construction of China’s rule of law,not only to help enhance the people’s sense of access,happiness and security,but also to build the cornerstone of long-term social stability.Inner Mongolia autonomous region is the most typical area for grassland environmental administrative public interest litigation.Grassland vegetation accounts for one-half of the land area in Inner Mongolia autonomous region,and is one of the most dominant vegetation types in Inner Mongolia.After an empirical analysis of 27 typical cases involving grassland environmental administrative public interest litigation,it is found that there are controversial criteria for determining the eligible subjects for grassland environmental administrative public interest litigation,including:When law enforcement by multiple administrative agencies is involved,there are differences in the division of duties due to the overlapping powers of administrative agencies in the supervision of the grassland environment;When both grassland and mineral resources are involved,there is a dispute whether the grassland environmental supervision authority or the mineral resources supervision authority is the qualified defendant in the environmental administrative public interest litigation.There are controversies over the standards for grassland administrative organs to perform their duties,including:There is a lack of unified standards for determining whether grassland administrative organs perform their duties comprehensively,resulting in differences between public interest litigants and defendants on the evaluation criteria for comprehensively performing their duties;The stipulations on the time limit for administrative organs to perform their duties are divorced from practical issues,and it is difficult for administrative organs to restore vegetation within the specified time limit;The provisions on whether administrative organs can reduce or reduce administrative punishments on the grounds of criminal punishment are unclear.There are differences in the enforcement effect of effective judgment documents,including:Effective judgments pay attention to legal effects and ignore social effects,resulting in inconsistency between legal effects and social effects;The enforcement standards for effective judgment documents are at the discretion of the procuratorial organs,and the enforcement standards are vague,resulting in the phenomenon of "different judgments in the same case".To improve the judicial practice of grassland environmental administrative public interest litigation in China,the criteria for determining the qualifications of defendants when multiple regulatory administrative organs are involved shall be clarified;Clarify the criteria for determining the qualifications of defendants when multiple natural resources are destroyed;Supervise grassland administrative organs to fully perform their regulatory duties in accordance with statutory standards;Establish a reasonable performance period based on the actual situation;Avoid administrative organs mitigating their responsibilities due to executions;Balance the legal and social effects of the enforcement of effective judgments;Clarify the implementation standards for effective judgment documents. |
