Research On Environmental Administrative Public Interest Litigation Filed By Environmental Protection Organizations

The environmental administrative public interest litigation is the litigation for the protection of environmental public interest.The main body of environmental administrative public interest litigation in China is the procuratorial organ,which supervises the performance of the duties of the environmental administrative organ by putting forward the procuratorial suggestions to the environmental administrative department.Instituting legal proceedings if the competent environmental administrative authority fails to rectify the situation adequately.It is unreasonable to exclude environmental organizations from the subject of environmental administrative public interest litigation.As an important force of environmental protection,environmental organizations cannot participate in environmental administrative public interest litigation.The absence of the main qualification of environmental organizations will have a negative impact on the development of environmental administrative public interest litigation.To study the theory and practice of environmental administrative public interest litigation in foreign countries and summarize the experience on this basis can provide ideas for the development of environmental administrative litigation in China.In countries where environmental administrative public interest litigation has been established,it is a common practice to grant the subject qualification of environmental administrative public interest litigation to procuratorial organs and environmental organizations at the same time.The main theoretical bases include environmental right theory,environmental public trust theory,litigation right theory and environmental public trust theory.These theories believe that environmental interests are enjoyed by the public.When environmental interests are damaged,the public has the right to file a lawsuit.Environmental organizations,as a bridge connecting the public and public power,certainly have the right to file an environmental administrative public interest lawsuit.Countries represented by the United States,Germany,Australia and Japan have recognized the subject status of environmental organizations.Confirm the procuratorial organ as the only subject of environmental administrative public interest litigation in China will lead to the dilemma of single subject of prosecution and single source of case clues.At the same time,China’s procuratorial organ is a legal supervision organ,and the role of procuratorial organ as the main body to bring this kind of litigation is conflicted.The participation of environmental organizations can expand the subject of litigation,broaden the source of clues for environmental administrative public interest litigation,and at the same time can supervise the state organs to reasonably exercise their functions and powers.Environmental organizations,as social organizations,are limited in their existence and development.In order to improve their enthusiasm to participate in environmental administrative public interest litigation,it is necessary not only to make clear that they have the qualification to file environmental administrative public interest litigation,but also to give certain material and financial support to environmental organizations.Establish a fund guarantee mechanism for environmental protection organizations to file environmental administrative public interest litigation to reduce the financial burden of environmental protection organizations to participate in environmental administrative public interest litigation.In order to solve disputes more efficiently and reduce the burden of environmental organizations and judicial organs as much as possible,we should draw lessons from the pre-litigation procedure of environmental administrative public interest litigation brought by procuratorial organs and set the pre-litigation procedure of environmental administrative public interest litigation brought by environmental organizations.To define the time limit for environmental administrative departments to perform their duties and to judge the performance of their duties by combining the standards of conduct and the standards of results.A considerable number of cases are settled at the stage of pre-litigation procedure,which is more efficient and saves judicial resources.