Research On The Litigation System Of Environmental Law Enforcement In China

For a long time,public welfare environmental litigation has been an enduring hot spot in the study of environmental law in China.However,in the institutional arrangement of our country,we do not pay attention to the homogeneity of these civil litigation pursued by the maintenance of environmental public welfare,let alone consider the incompatibility between such litigation and its civil litigation orientation.This study holds that all lawsuits pursued by environmental public welfare maintenance should belong to environmental law enforcement litigation,and the orientation of environmental law enforcement litigation should be reverse administrative litigation initiated by administrative organs for the purpose of environmental administrative law enforcement.At present,the environmental law enforcement litigation is not obvious in the system of our country,and mistakenly takes the civil action as the carrier,and ignores the attribute of their environmental law enforcement,which not only causes the dislocation of exercising the duty of administrative law enforcement by the rules of civil procedure,but also makes this kind of litigation conflict with the existing environmental administrative law enforcement system,weakens the protection of the rights of the administrative counterpart and the judicial review of the environmental administrative act.It also distorts the role of the court in the middle.In view of these problems,this paper defines the environmental law enforcement litigation in our country,and proves the essential existence of the environmental law enforcement litigation in our country by combing its functions and characteristics,and clarifies the fact that the environmental law enforcement litigation has the function of environmental administrative law enforcement and the environmental court plays a judicial review role in the trial of environmental law enforcement litigation.To judge the conflict between the nature of administrative law enforcement and the orientation of the current civil action.Then it analyzes the mismatch between environmental law enforcement litigation and civil litigation and its underlying reasons from the two aspects of procedure and plaintiff qualification theory.Then through the study of the American environmental law enforcement litigation system,trying to find the practical experience that our country can learn from the existing more successful environmental law enforcement litigation system.Finally,based on the analysis of the previous article in this study,the author puts forward a perfect plan for the system orientation of environmental law enforcement litigation,the connection between environmental law enforcement litigation and administrative organs’ independent law enforcement,and the calculation standard of limitation of action.in order to put forward feasible suggestions for the legislative recognition and correction of China’s environmental law enforcement litigation system.