Function Orientation And System Selection Of Administrative Law Enforcement And Civil And Administrative Public Interest Litigation

As an integral part of the construction of ecological civilization in China,since the amendment of the civil procedure law in 2012,the system of environmental commonweal lawsuit has experienced a gradual process from nothing to existence and continuous improvement.It has gradually changed from "one leg walking" of environmental civil commonweal lawsuit to a "two track system" litigation mode with commonweal lawsuit as the main body.In the process of system operation,there are some problems such as overlapping functions of environmental commonweal lawsuit and environmental administrative law enforcement,unclear starting sequence of two kinds of environmental commonweal lawsuit procedures,and poor notification of some qualified plaintiffs under the existing system.On the surface,the reasons are the poor coordination among various systems and the insufficient refinement of environmental commonweal lawsuit rules.However,the problems exposed through the system level are that under the unified framework of comprehensive environmental governance,environmental commonweal lawsuit,as one of its subsystems,its own function positioning is vague,its external performance is unclear with the primary and secondary relationship with environmental administrative law enforcement,and its internal performance is unclear.The due value of environmental commonweal lawsuit for the people needs to be clarified.This paper consists of seven parts.The preface includes three aspects:research background and fundamentality,viewpoint arrangement and writing approaches.In this part,the relationship between environmental administrative law enforcement,environmental civil commonweal lawsuit and environmental administrative commonweal lawsuit is taken as the clue to sort out the different views of domestic and foreign scholars and summarize the mainstream understanding.The first part of the text combs the theoretical concepts of the three core concepts of "environmental administrative law enforcement","environmental civil commonweal lawsuit" and"environmental administrative commonweal lawsuit" and the system construction in China,in order to provide a clear discussion basis and corresponding system background for the following article.The second part of the text demonstrates and explains the reasons for the phenomenon of "taking the lead and assisting the people"in the operation of environmental commonweal lawsuit.Through the analysis and Reflection on the scholars' viewpoint of "balance theory" of the number of environmental commonweal lawsuit cases,it leads to the theme of this paper and the viewpoint of "difference theory" of the number of environmental commonweal lawsuit cases under the conclusion of this paper.The third part of the text discusses the primary and secondary relationship between environmental administrative law enforcement and environmental commonweal lawsuit from three aspects:the background of environmental commonweal lawsuit,the principle of judicial modesty and the experience of foreign systems.The fourth part of the text will focus on the internal environment commonweal lawsuit system,expound the function orientation of civil and administrative environment commonweal lawsuit,and focus on the definition of the overlapping part of the two kinds of environment commonweal lawsuit.The fifth part of the text is the conclusion and system suggestions,that is,on the basis of the above discussion,it puts forward the general principles and general exceptions of environmental administrative law enforcement and the application sequence of two kinds of environmental commonweal lawsuit,and puts forward corresponding suggestions for improving the existing system.The last part is the conclusion.In this part,the author explains the necessity and urgency of the research and Discussion on this issue under the comprehensive environmental governance system,reviews some shortcomings of this paper,and looks forward to the improvement and development of this paper under the background of many new systems such as ecological damage compensation.Through the discussion of theory and system,this paper holds that in environmental commonweal lawsuit,the function orientation of environmental administrative commonweal lawsuit is mainly to supervise administrative law enforcement,supplemented by supplementary administrative law enforcement;the function orientation of environmental civil commonweal lawsuit is mainly to supplement administrative law enforcement,supplemented by supervision administrative law enforcement.From the perspective of system function,the three major systems of comprehensive environmental governance should follow the following applicable Order:first,administrative law enforcement should be given priority,and environmental commonweal lawsuit should play an auxiliary role;second,administrative commonweal lawsuit with the purpose of supervision and supervision of law enforcement should be given priority within environmental commonweal lawsuit,and civil commonweal lawsuit should give full play to its relative system of risk prevention and punishment Only when the advantage of degree or the function of judicial remedy can be mentioned preferentially or jointly.In addition,on the basis of this conclusion,it should be recognized that the number of environmental cases in the future will still be maintained.