Research On The Environment Administrative Public Interest Litigation

Since the reform and opening,our country has made great achievements in economic construction,at the same time,the excessive development and unrestrained use of natural resources caused serious damage to the environment,damage the public's environmental rights and interests,and restricts the sustainable development of our country.The environment and human survival living rate,but increasingly frequent environmental problems have become crisis makes the simple daily life,nowhere to hide the haze of pollution,the ubiquitous sewage pollution,the risk of cancer,chemical pollution and so on,these environmental problems not touched people's nerves,but also a focus in the study of law scholars have been ceaseless.Environmental issues is not only the pollution enterprises shift to pollution liability consequences,more closely related with environmental administrative department of environmental law enforcement dereliction of duty,shall be investigated for administrative organs in urgent need of environmental responsibility mechanism.To stop the environment infringement,regulating the administrative "failure",the 12 th session of the standing committee of the National People's Congress 15 th meeting on the authorization of the supreme people's procuratorate in parts of the decision of the pilot work to carry out the public interest litigation "(July 2015)initial exploration,environmental administrative litigation support procuratorate as prosecutors but complete system thinking and system construction still needs to be further discussed.From jurisprudence,this article discusses the theoretical basis of environmental administrative public interest litigation system,clear the plaintiff qualifications,scope of accepting cases,the standard of "constitution" to "administrative procedural law" and so on material law according to the relevant modification,plump refinement of environmental administrative public interest litigation mechanism is very important.Of civil litigation of public environmental welfare relief system to develop effective,but need to look into the narrow,dilemma of the civil litigation system,such as the risk of environmental problems and professionalism,the strengthening of civil judicial power intervention in the independence of the environmental administrative power,etc.,based on this,the environmental public interest litigation logic is located in the field ofadministrative public welfare lawsuit is more rationality.As the theoretical basis of environmental right and the theory of government responsibility,environmental administrative public interest litigation has its unique function value: first,regulating the administrative "failure" in the judicial relief way,urge the administrative legal environment;Second,improve the system of the participation of citizens,to maintain the survival of individual litigation demand;Third,promote the diversification of social governance,more subject to participate in the environmental supervision.Environmental administrative public interest litigation law construction to overcome barriers,fill the legal basis,procedure guarantee as well as to the "public interest","the stakes" keyword clearly defined,and then extended to the plaintiff qualifications range and scope of accepting cases,determines the citizens,social organizations,people's procuratorate of plaintiff's subject qualification,and in environmental administration,environmental administrative omission,abstract administrative action under regulations for the scope of accepting cases,and has set up a corresponding program security system,such as before litigation exhaustion of administrative remedies,temporary injunction before litigation procedures,etc.,and in the environmental administrative organs of the mandatory provisions on the execution,the very essence of the design of the system is endowed with citizens,social organizations say the most basic survival,correct the environmental administrative law enforcement is not enough to radically.