Study On Change Of Environmental Public Interest Litigation Based On Balance Of Executive Power And Judicial Power

Since the 21 st century,China's socialist market economy has developed rapidly,causing more and more environmental problems and significantly reducing the quality of the environment.In order to better protect the ecological environment,environmental civil and administrative public interest litigation system is established to provide legal protection barrier.At present,there is no scientific environmental public interest litigation system in our country.Basing on the analysis and study of the development of our country civil environmental public interest litigation,we can found that in our existing system,judicial power is strengthened and expanded in the environmental public interest litigation.The professionalism of the administrative organ is not respected,as a result,it greatly reduces the administrative efficiency.In terms of the development of executive power and judicial power,executive power is expanding from the maintenance of the socialist market economic development to promote the development of the socialist market economy,to protect the social public interests,and present a trend of administrative democratization.Judicial power supervises and restricts administrative power,safeguarding the rights and interests of the public.It seeks shift in the neutral attitude and limits executive power in the orbit of rule of law.Executive power and judicial power respect each and stick to the principle of the priority of executive power in the form of dynamic balance relations.Environment problem is complicated and changeable and relates to the life of every citizen.And the purpose of environmental public interest litigation is to better govern environment,so the best state is to effectively control pollution before the proceedings started.In the design of environmental public interest litigation system,priority should be given to China's environmental administrative law enforcement,clear that administrative power plays a leading role in public environmental affairs.It should also give full play to the role of pre-litigation procedure in environmental public interest litigation,putting the pre-litigation procedure in the same important position as the litigation procedure,improving the litigation procedure and revealing its value.