Research On My Country’s Environmental Administrative Public Interest Litigation System

In recent years,all localities have actively promoted the ecological environment improvement,promoted the comprehensive green transformation of economic and social development,with unprecedented strength,scale and influence.At the central level,the requirements of ecological environment governance are increasing,and the ways and means are constantly innovating and developing.For a long time,environmental governance and protection are based on the administrative organs,but the limitations of environmental administration are increasingly prominent,so the way of judicial relief is expected.The Fourth Plenary Session of the 18th CPC Central Committee proposed to explore and build the public interest litigation system of procuratorial organs.In this context,the environmental administrative public interest litigation system came into being.Looking back at the theoretical research results in recent years,it seems that the academia has a higher interest in the environmental civil public interest litigation,and the research trend is more positive,but there is not much theoretical research on the environmental administrative public interest litigation system.On the contrary,in judicial practice,environmental public interest litigation presents the phenomenon of " Administrative public interest litigation dominating and Civil public interest litigation assisting".Tamping the theoretical basis of environmental administrative public interest litigation system is related to the long-term development of the system in practice.In addition,the environmental administrative public interest litigation system has not been established for a long time in China,and there are still many problems to be solved in the relevant system norms and rules.First of all,this paper briefly introduces the research background and significance,combs the research status of environmental administrative public interest litigation system in and out of the field,and states that this paper intends to use the literature research method,empirical analysis method,case analysis method,comparative research method to provide the basis for the paper demonstration;Secondly,starting from the relevant concepts of environmental administrative public interest litigation,this paper expounds the relevant theories of environmental administrative public interest litigation,and discusses the necessity and feasibility of the system in China;Third,this paper focuses on the practice of environmental administrative public interest litigation system before and after the pilot,combs the operation status of environmental administrative public interest litigation in China from the legislative and judicial levels,supplemented by big data and typical cases and other empirical facts,and deeply excavates the existing problems of environmental administrative public interest litigation;Then,this paper introduces the rich experience of the environmental administrative public interest litigation system in the common law system and the civil law system,and sums up the enlightenment for the construction of the environmental administrative public interest litigation system in China;Finally,on the basis of the previous analysis,combined with the actual situation of our country,referring to foreign experience,this paper tries to put forward some solutions to the existing problems of environmental administrative public interest litigation.