Research On The Qualifications Of Defendants In Environmental Administrative Public Interest Litigation

In recent years,China’s economy has grown rapidly,but a series of problems such as environmental pollution and shortage of resources have intensified,and pollution prevention and control has also become one of the three major challenges in building a well-to-do society in China.Environment is the basis for human survival and development.Environmental issues are increasingly becoming an important factor affecting people’s living standards and their sense of well-being and safety.With the development of green water and mountains are gold mountains’ green development concept continues to penetrate the hearts of people.Public awareness of environmental protection has been continuously strengthened,and theoretical studies on environmental public interest litigation have continued to increase.On the basis of continuous improvement of legislation,judicial practice is also exploring beneficially,thus promoting the gradual improvement of the environmental public interest litigation system.It is worth noting that China amended the “Administrative Procedure Law of the People’s Republic of China” in July 2017 and formally included the environmental administrative public interest litigation,but the environmental administrative public interest litigation defendants were limited to environmental administrative subjects.This is because of the qualification of the defendant in our country.The determination of the subject is still based on the theory of administrative subjects.However,With the development of the times and social changes,our country has changed from state administration to public administration,and the theory of administrative subjects has been unable to adapt to our country’s actual national conditions.Its limitations have become increasingly prominent,and coupled with the limitations of the scope of the case,it has caused the scope of the accused to be too narrow.The identification of the defendant’s qualifications becomes increasingly complex and the litigation value cannot be realized.Therefore,in order to effectively promote the development and improvement of China’s environmental administrative public interest litigation system,to better protect China’s ecological environment,and to make laws and institutions truly a safeguard for protecting the ecological environment and satisfying the people’s ever-growing needs for a better life,it is imperative to pass The reconstructing of the standards for the identification of defendant qualifications in environmental administrative public interest litigation and at the same time expanding the scope of accepting cases,in order to promote the gradual perfection of the system of environmental administrative public interest litigation,and further promote the environmental administrative public interest litigation system to better serve our country’s new era economy The need for social development and the need to fight the fight against pollution.This article takes the environmental administrative public interest litigation defendant qualification as the research object.First of all,under the premise of accurately defining the relevant concepts of the environmental administrative public interest litigation defendant qualification,combining the provisions of the current relevant laws on the qualifications of the environmental administrative public interest litigation defendant,the environmental administrative public interest litigation in China Analyze the problems existing in the qualification determination of the defendant;secondly,draw lessons from the more developed foreign environmental protection lawsuit defendant system and development concept,and put forward the criterion of administrative public power behavior as the qualification standard for defendants in environmental administrative public interest litigation,and further elaborate The connotation of the administrative public power standards of conduct and the scope of the defendants of China’s environmental administrative public interest litigation under this standard;Finally,it proposes relevant legislative proposals to further improve the scope of China’s environmental administrative public interest litigation cases,with a view to be conducive to the development of China’s environmental administrative public interest litigation system.And improve,contribute to the construction of our country’s rule of law,for pollution prevention,environmental protection and help.