Study On Defendant Of Environmental Administrative Public Interest Litigation

Environmental public interest litigation has always been the focus of theory and practice all over the world.To a large extent,the crux of environmental public interest litigation lies in the defendant,rather than the usual plaintiff and his qualification for prosecution.The core of environmental administrative public interest litigation in our country is that "who" should be the defendant,because it is usually the result of infringement of rights and interests caused by the inaction or random action of the defendant,which makes the plaintiff initiate the lawsuit,and the liability ability of the defendant determines the direction and final result of the case.However,in judicial practice,it is found that the limitations of the defendant system of environmental administrative public interest litigation in our country are increasingly prominent,resulting in environmental administrative public interest litigation.The scope of the case is too narrow,the difficulty of finding the defendant and the uneven distribution of the burden of proof of the defendant.Therefore,in order to effectively promote the development and perfection of the environmental administrative public interest litigation system,better protect the ecological environment of our country,and make the law and system truly become the guarantee to protect the ecological environment and meet the growing needs of the people for a better life,it is urgent to further perfect the defendant system of environmental administrative public interest litigation,so as to promote it to better serve socialism with Chinese characteristics in the new era.This paper takes the defendant system of environmental administrative public interest litigation as the main research object.First of all,it defines and discriminates the related concepts of the defendant of environmental administrative public interest litigation,and finds out the defendant,the ability of the defendant,the scope of the defendant and the identification standard of the defendant.Secondly,combined with the provisions of the current laws and regulations of our country,this paper discusses the present situation of the defendant system of environmental administrative public interest litigation in our country,and finds that there are some problems,such as the scope of the defendant is too narrow,the identification is difficult,and the distribution of the burden of proof is uneven.Thirdly,it investigates the defendant system of environmental administrative public interest litigation in foreign countries,and gives a more mature defendant system and concept of environmental public interest litigation in common law system and civil law system.For reference,our country should perfect the defendant system of environmental administrative public interest litigation in the aspects of litigation defendant,scope of accepting cases,distribution of burden of proof and so on.Finally,in view of the problems existing in the defendant system of environmental administrative public interest litigation in our country,this paper puts forward the basic principles of reconstructing the legal system of the defendant of environmental administrative public interest litigation in our country,constructs the special legislation of environmental administrative public interest litigation focusing on the defendant,expands the scope of accepting cases of the defendant of environmental administrative public interest litigation,and reasonably distributes the burden of proof of the defendant of environmental administrative public interest litigation.The countermeasures and suggestions of defining the responsibility system of the head of the administrative organ of the defendant and perfecting the appraisal and assessment mechanism of environmental damage are expected to be beneficial to the environmental administration of our country.The development and perfection of public interest litigation system provides a strong guarantee of the rule of law for the protection of ecological environment in our country.