The Construction Of Environmental Administrative Public Interest Litigation System Of China

In the background of the superior political environment and the judicial reform of our country,explore the establishment of China's environmental administrative public interest litigation system is necessary,but also feasible,however,because of China's "environmental protection law" and "administrative litigation law" and other laws in environmental administrative public interest litigation legislation flaw,the individual citizens,procuratorial organs,social organizations encounter obstacles in the judicial practice,ultimately did not maintain the citizen's environmental right,but also makes environmental pollution is expanding,hinders the sustainable development of social economy.Therefore,it is necessary to construct the environmental public interest litigation system of our country,to improve the relevant laws and regulations,and to strengthen the restriction of the administrative illegal administrative acts.In recent years,a variety of tort of environmental pollution incidents continue to occur,the public interest litigation system in China there is still no clear procuratorial organs and administrative organs of the environmental civil litigation right of prosecution filed environmental civil litigation for environmental protection organization conditions there is no substance release,citizen the lawsuit is not recognized and so on.From the perspective of judicial practice,environmental public interest litigation has not achieved the desired results.The current law is too harsh to the plaintiff qualification,which greatly restricts the promotion of environmental public interest litigation.Therefore,it is necessary to construct the environmental public interest litigation system of our country,to improve the relevant laws and regulations,and to strengthen the restriction of the administrative illegal administrative acts.Combined with the reality of our country and legal opportunity an opportunity to learn from the advanced experience of administrative environmental public interest litigation in two legal systems of developed countries,efforts to promote not only accord with the situation of our country,and adapt to the construction of China's economic and social development of environmental administrative public interest litigation,plaintiff qualification,including environmental administrative public interest litigation environmental administration public litigation the scope of the case,the environmental administrative public interest litigation and the jurisdiction system of environmental administrative public interest litigation system of other suggestions,expand the plaintiff qualification of environmental administrative public interest litigation and the scope of accepting cases,the establishment of reconsideration program in the proceedings,the burden of proof of both sides,the cost of litigation mechanism,establishing incentive mechanism.