Research On Judicial Practice Of Environmental Administrative Public Interest Litigation In Jilin Province

In recent years,environmental safety problems have been frequent.In response to the serious crisis of our environment and ecological resources,China’s legal system has been exploring an effective environmental resources trial model.President Xi Jinping’s idea of ecological civilization has accelerated the pace of establishing China’s environmental public interest litigation system.The environmental administrative public interest litigation system,which has been piloted in China since 2015,has achieved remarkable results.After years of practice,Jilin Province,as one of the first 13 pilot areas,has accumulated a lot of judicial experience in environmental administrative public interest litigation,but some problems have been presented.There are still some problems in the implementation of the environmental administrative public interest litigation system.In Jilin Province,for example,during the judicial practice of the environmental administrative public interest litigation system,the identification of the administrative organs in the scope of the accepted case for not fulfilling their statutory duties.The identification system,the allocation of the burden of proof between the procuratorial and administrative organs,and the interface between the procuratorial,trial and administrative organs have not been effectively resolved.The existence of these problems makes the environmental administrative public interest litigation for the protection of ecological environment greatly reduced.Therefore,it is necessary to improve the system of environmental administrative public interest litigation in China,to strictly define the cases in which the administrative organs are not fulfilling their legal duties,to establish an expert pool and an identification system,and to clarify the distribution of the burden of proof between the procuratorial and administrative organs.The coordination and communication mechanism among the procuratorate,the judiciary and the administrative organs should be constructed.It has become a problem that needs to be solved in China’s environmental administrative public interest litigation system in the future.This paper analyzes the environmental administrative public interest litigation system with Jilin Province as the main research object,and puts forward suggestions to improve it,so as to promote the purpose of China’s environmental administrative public interest litigation system to protect the ecological environment.