Difficulties In The Implementation Of Environmental Administrative Public Interest Litigation And Countermeasure Research

In the long-term development process of human beings,due to the constraints of productivity and cognitive abilities,they often emphasize interests and neglect the protection of the environment,which results in tension between humans and the environment.Once the environment is destroyed,the repair and treatment cycle is long,the cost is high,and even some pollution is irreversible.This impact is immeasurable whether it is on the environment itself or on the survival and development of human beings.Environmental issues are often a mixture of environmental civil torts and administrative agencies’ illegal administration or inaction.Therefore,it is particularly important to protect the environment by legal means.In 2017,environmental administrative public interest litigation was formally established in my country.This litigation refers to situations in which administrative agencies’ violations or omissions cause continuous damage to the interests in the environmental field.Subjects that meet the statutory conditions can file a lawsuit in court.This system can effectively supervise the administrative actions of administrative agencies,so as to achieve the purpose of protecting public interests in the environmental field.The emergence of this system has provided strong institutional guarantees and legal support for the protection of public interests in the environmental field at the judicial level.The development of my country’s environmental administrative public interest litigation system has gone through a gradual process of “partially piloted and then fully developed”.It has achieved great results in the process of judicial practice.Public interests in the environmental field have been effectively protected.However,the system is in the process of specific implementation.There are still some problems in the process,and effective solutions to these problems are conducive to the smooth progress of environmental administrative public interest litigation.The full text consists of five parts.The first part describes the environmental administrative public interest litigation itself from two aspects of concept and function,summarizes and combs the legislation and judicial practice of environmental administrative public interest litigation in my country,and finally elaborates the theoretical basis supporting the system.The second part analyzes the difficult problems encountered in the implementation of environmental administrative public interest litigation based on my country’s current laws and regulations and practices.The third part investigates the development of environmental public interest litigation systems in different countries,and explores its enlightenment and reference for the advancement of this system in our country.The fourth part focuses on the specific problems in the implementation of the environmental administrative public interest litigation system,from clarifying the identity of the procuratorial organ,balancing the ability of both parties to provide evidence,strengthening the rigidity of procuratorial recommendations,clarifying the standards for performing duties,and improving related supporting mechanisms.Suggestions in various aspects.