Research On The Coordination Meclianism Of Environment Administrative Public Interest Litigation In China

Article 25 of the Administrative Procedure Law of 2017 clearly stipulates the environmental administrative public interest litigation system,and according to article60 of the Administrative Procedure Law,the environmental administrative public interest litigation system can’t mediate.However,environmental administrative public interest litigation is obviously different from ordinary administrative litigation in value pursuit and trial characteristics.The settlement of environmental problems is essentially the balance of multi-interest,and the current trial mode of environmental administrative public interest litigation,which only carries out legitimacy examination and judgment,can’t solve the problem of environmental pollution substantially.The author makes an empirical analysis on the practice of environmental administrative public interest litigation in order to reveal the existing questions about the application of traditional administrative adjudication mode in environmental administrative public interest litigation cases.In practice,the traditional trial method result in that the behavior of the environmental protection department can’t be evaluated objectively and comprehensively.The poor operability of the judgment could not promote the substantive development of the environmental restoration work after the lawsuit.Traditional court trials have led to a high failure rate of environmental protection department,affecting the credibility of environmental authorities and the government.Although the Procuratorial organs can actively exercise the supervision power to urge the environmental protection department to carry out its duties actively and protect the ecological environment,the court only does the legitimacy examination and determines whether the environmental protection department should continue to carry out its duties,which undermines the environmental protection department’s enthusiasm for carrying out its duties to some extent.In practice,we can find out some practical difficulties in the court’s trial of environmental administrative public interest litigation.First,it is difficult for the court to make clear the standard of the environmental protection department’s duties.Second,the complexity and professionalism of the environmental problems lead to the court’s trial difficulties.And third,the comprehensive nature of the environmental litigationmakes the single department difficult to hold.Environmental administrative public interest litigation has objective problems in practice,and it is necessary to introduce a coordination mechanism.Aiming at the particularity of environmental specialty,complexity and comprehensive of the environmental restoration,we should construct a coordination mechanism that not only enables the Procuratorial organs to exercise the power of supervision roundly,but also can make the courts to judge the performance of environmental protection organs in a thorough and objective manner,and finally can work together to solve environmental problems.It is theoretically and practically feasible to apply the coordination mechanism to the trial of environmental administrative public interest litigation.The legal nature of the coordination mechanism and the present situation of environmental administrative public interest litigation determine that the coordination mechanism can become a common machine for the court to resolve environmental disputes in a diversified manner.The value pursuit of the coordination mechanism and the value pursuit of the environmental administrative public interest litigation are consistent,the two creations of the environmental administrative public interest litigation are different from the traditional administrative litigation,and the original defendant of the environmental administrative public interest litigation both actually represent the state and the public interest.In the process of coordination,the environmental law enforcement power of the environmental protection department has not been substantially affected,and there is no actual place of public power.With the increasing expectation of the actual effect of judicial power,the theory of the relationship between administrative power and judicial power has gradually broken through the traditional framework,and the concept of“active justice” has gradually developed.“Active justice” requires the judicial organs to pursue the organic regulation of legal effect and social effect when dealing with cases involving the state and social public interest.The introduction of coordination mechanism in environmental administrative public interest litigation has theoretical basis.It is feasible to introduce the coordination mechanism into the environmental public interest litigation system by exploring the practice of some courts,the regulation of the administrative withdrawal system and the change of the trial idea in thecomprehensive practice.Finally,the author puts forward a preliminary idea on how to construct the coordination mechanism of environmental administrative public interest litigation in our country,starting from the main body of the coordination mechanism and the principle that the coordination needs to follow,further discusses the status of the court in the coordination mechanism and the restrictions on the court,the scope of application of the coordination mechanism,the main body involved in the coordination,and thinks about the supervision of the coordination mechanism and the supervision of the implementation of the coordination after the coordination.At the present,applying the coordination mechanism to environmental administrative public interest litigation is in accordance with the practice and legal basis.It can effectually solve the difficult problems in practice according to the comprehensive and professional characteristics of environmental administrative litigation.The establishment of an environmental administrative public interest litigation coordination mechanism can substantially solve environmental problems,protect the ecological environment,and safeguard national and public interests.