Research On The Reconciliation System Of Environmental Administrative Public Interest Litigation

The ecological environment problem is a universal concern of all around the country in recent years,using the judicial system to protect the environmental public interest is an inevitable choice for country under the rule of law.In 2017,China established the environmental administrative public interest litigation system.but there are no provisions related to reconciliation.The number of cases is numerous,the cases are complicated.Whether the case can be settled by settlement is a problem that can't be ignored in legal research.This paper,aiming at the focus of academic disputes,explores the legal basis of the system from two aspects:the administrative authority and the procuratorial organ.Combined with the actual effect of typical cases and the hidden dangers,the necessity and rationality of establishing the reconciliation system are further demonstrated.The litigation has the environmental public interest attribute,the identity of original and defendant has the particularity.Therefore should multi-dimensional consideration,comprehensive regulation and improvement of the reconciliation system of environmental administrative public interest litigation.The article consists of four parts.The first part introducing the definition of the system and the relevant legal provisions.The system has important meaning in negotiating and resolving contradictions,enhancing the flexibility of case trials,improving the awareness and effect of ecological environmental protection.The second part introduces the jurisprudence basis of the system.The divergence of views on the environmental administrative public interest litigation reconciliation system stems from the difference in understanding of the disposition rights of the administrative organs and the procuratorial organs.This issue mainly involves the traditional theory of non-disposable public power in administrative litigation and the prosecutorial organs disciplinary power will harm the public interest.Therefore,this part aims at the focus of the dispute,from the application of discretionary power and the correction of errors principle,the transformation of modern government functions,to provide theoretical support for the exercise of administrative authority in litigation.The right of action is the basic theory of environmental administrative public interest litigation.Only by making clear the source of the right of action,can the status,rights and obligations of the procuratorial organ be clarified.Starting from the action right theory of the procuratorial organ,explores the nature and status of the action right,and provides the theoretical basis for the exercise of the right of reconciliation of the procuratorial organ.Through the analysis of typical cases,the third part is clear that reconciliation settlement has practical feasibility and the practical effect of maintaining environmental public interest.Due to the lack of clear regulations about reconciliation,the current judicial practice faces the risk of reconciliation and withdrawal of litigation.In order to prevent the risk of reconciliation and withdrawal of litigation and safeguard the environmental public interests,it is necessary to establish the environmental administrative public interest litigation reconciliation system.Through the analysis and demonstration of the three chapters,it is clear that the environmental administrative public interest litigation reconciliation system has the profound theoretical basis and far-reaching practical significance.The fourth part introduces how to improve the system.Mainly from the scope of reconciliation,reconciliation time,settlement agreement and reconciliation supervision four aspects.Establishing the system does not advocate that all cases be settled.On the contrary,settlements are based on the premise that the public interest of the environment is not harmed,and have strict scope and time limits.Make clear the subject,publicity,effectiveness and enforcement of the settlement.Reconciliation supervision is accompanied by the whole process.All parties in the society participate together to ensure the smooth operation of the environmental administrative public interest litigation reconciliation system.