Research On Environmental Administrative Public Interest Litigation System In China

With the rapid development of China's economy,the protection of the public environment has become an inexorable responsibility.In recent years,environmental pollution has become more and more serious,and the litigation cases caused by environmental problems are numerous.Many enterprises will pursue economic growth at the expense of the environment.in that face of trade-offs and local protectionism,the government will often have to go over and abuse their power,as a result,it places a greater burden on the ecological.environment.The environmental administrative public interest litigation is based on the environmental right theory,the litigation trust theory and the public trust theory,It is a public interest litigation caused by abuse of power or omission by administrative organs to pollute the ecological environment.In the face of increasingly serious environmental problems,the establishment of environmental administrative public interest litigation system,the improvement of relevant laws and regulations,and the strengthening of restrictions on illegal administrative acts by administrative organs are of functional value and practical significance for protecting citizen sundefined environmental rights,preventing the deterioration of the ecological environment and fully realizing the supervision of administrative power.Combined with the realistic opportunity and legal opportunity of our country,drawing lessons from the advanced experience of the mature countries in the development of environmental administrative public interest litigation in the two legal systems,we should strive to promote the construction of environmental administrative public interest litigation system which is not only in line with the national conditions of our country,but also can promote the healthy and sustainable development of our country undefineds economy.The paper is divided into four parts.The first part analyzes the concept of environmental administrative public interest litigation combined with environmental administration,public interest litigation and administrative litigation,and expounds the specific characteristics and value of the system,further explores its theoretical basis,and pursues its historical evolution.The second part examines the specific system provisions of the United States,Britain,Germany,Japan and other countries with perfect development of environmental administrative public interest litigation and its enlightenment to our country.The third part is based on the current political environment,judicial practice experience and the basis of laws and regulations,and analyzes the obstacles and existing problems of environmental administrative public interest litigation in our country.The fourth part analyzes the realistic opportunity and legal opportunity of establishing the environmental administrative public interest litigation system,and puts forward some concrete measures to perfect the environmental administrative public interest litigation system from five aspects:clear litigation pre-procedure,widening the scope of plaintiff qualification,expanding thescope of accepting cases,clearly distributing the burden of proof,and establishing litigation incentive mechanism.