Study On The System Of Public Interest Litigation Of Environmental Administration Initiated By Procuratorial Organs

At present,China's rapid economic development is accompanied by environmental sacrifices.Environmental pollution and ecological damage caused by enterprises are one of the major causes.Economic development does not have to be at the cost of the environment.On the body of the enterprise such as environmental pollution regulation,the administrative organ not fully perform their duties not only make the environmental damage is not to stop even lead to the expansion of environmental damage,and before that,the administrative organ and no effective channels to regulate such behavior,dissatisfaction with the administrative authority of administrative act only stay on their own,such as the subject in the social public to the court.The establishment of the environmental administrative public interest litigation system is a powerful measure to urge the administrative organs to administrate according to law.However,since it has not been a long time since the pilot started to initiate the administrative public interest litigation and the specific establishment of this system,there is still a lot to be improved.Based on the investigation of three basic courts in nanning city,this paper studies the improvement of environmental administrative public interest litigation system through empirical analysis and literature research.This paper is divided into four chapters.The first chapter,on the basis of typical cases and statistical data,expounds the case handling situation and characteristics of nanning city and guangxi since the establishment of environmental administrative public interest litigation,summarizes the process of handling cases by procuratorial organs,and summarizes the main problems faced by procuratorial organs since the case handling through the investigation results.Chapter two analyzes the causes of the problems arising from the handling of environmental administrative public interest cases by procuratorial organs from five aspects:legislation,mechanism,team building,system and the conflict between environment and economic development.The third chapter introduces the characteristics and necessity of environmental administrative public interest litigation,and expounds the feasibility of environmental administrative public interest litigation system in China from the two aspects of theoretical basis and practical basis.The fourth chapter,under the framework of theoretical support,makes some Suggestions on the causes of the problems and discusses the improvement of China's environmental administrative public interest litigation system.