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

The natural environment is the foundation for human survival.With the country increasing its environmental protection efforts,my country has begun to establish an environmental administrative public interest litigation system.In 2015,my country selected 13 provinces and cities to carry out a relatively extensive pilot work of public interest litigation.As an important institutional innovation in the field of environmental protection,the environmental administrative public interest litigation system has become an important part of the pilot work.In 2017,the provision of "public interest litigation" was officially added to the "Administrative Litigation Law",and environmental administrative public interest litigation was formally guaranteed by the system.After that,the "two highs" successively issued relevant judicial interpretations,which refined procedures and other issues,and provided operational guidelines for procuratorial organs to initiate environmental administrative public interest litigation.Today,the operation of the environmental administrative public interest litigation system has solved many problems in practice,but at the same time some problems have been exposed,which need to be paid attention to and solved.This article first elaborates on the concept,characteristics and historical development of environmental administrative public interest litigation,analyzes the theoretical basis of the environmental administrative public interest litigation system,and studies the highlights of the environmental public interest litigation system in foreign countries such as the United States and Germany,and puts forward It can be used as reference for our country.At present,my country's environmental administrative public interest litigation system mainly has problems such as the limited scope of plaintiffs,overlapping identities of procuratorial organs,fewer sources of cases,excessive burden of proof,and oversimplification of pre-litigation procedures.Through analysis of the above issues,the author It is believed that my country's environmental administrative public interest litigation system should be improved from several aspects such as expanding the scope of the plaintiff,clarifying the role of the procuratorial organ,broadening the source of cases,rationally assigning the burden of proof,and establishing rigid pre-litigation procedures.