Institutional Guarantee Of Environmental Administrative Public Interest Litigation In Our Country

As an effective form of social co-governance,public application for judicial review is a reliable guarantee for the government and its departments to perform their duties according to law and to safeguard public interests.In the context of increasingly acute environmental problems such as haze and water pollution,point-to-point public infringement litigation can not meet the requirements of public environmental protection.People began to question the behavior of government and environmental protection departments at the legal level.To this end,on the basis of legal recognition of environmental civil public interest litigation,the state began to explore the environmental administrative public interest litigation,in response to public requirements of supervision of the exercise of public power.Under the authority of the Standing Committee of the National People’s Congress,on December 16,2015,the Supreme People’s Procuratorate passed Measures for the implementation of the pilot work of public interest litigation filed by the people’s Procuratorate,clearly taking "administrative public interest litigation" as a pilot work.At this point,led by the procuratorial organs,administrative public interest litigation has entered the track of judicial review.In practice,the environmental problems have not been effectively controlled,has a great relevance to law-enforcing environment: On account of economic achievements and local protection,local governments are often not supervising strictly according to law.Thus,the“603 yuan fine” event by Gaoyou environmental protection bureau has occurred.Under the existing institutional framework,only the prosecution authorities have the right to file administrative public interest litigation,private subjects still have no access.In the case of rising requirements of environmental law enforcement,broadening the scope of the plaintiff is the inevitable choice to expand supervision.In addition,to clear the path of filing environmental administrative public interest litigation by multiagent,including the pre-procedures,connection between reconsideration and litigation,is the key to protecting the public to apply for judicial review orderly.Aiming at "603 yuan fine" incident by the Environmental Protection Bureau ofGaoyou,this paper will discourse through the literature analysis,case analysis,comparative analysis and empirical analysis.This article is divided into four chapters: the first chapter introduces the "603 yuan fine" incident and the relevant national legislation,and points out the difficulties in practice;The second chapter analyzes the core problem exposed by the events,that is,the expansion of the prosecution;The third chapter analyzes the extension problems caused by the event,to incorporate pre-trial proceedings,reconsideration procedures and right of disposition into the institutional track;The fourth chapter discusses how to promote the environmental administrative public interest litigation,including the scope of the case and incentive mechanism.Through the discussion of this article,I hope to have some help to build environmental administrative public interest litigation system in our country.