Judicial Determination Of Environmental Administrative Inaction

As a special manifestation of administrative inaction in the field of ecological environment,environmental administrative inaction will not only damage the legitimate rights and interests of the administrative counterpart,but also do great harm to the public interests of the society and the national interests,and then affect the image of the government,which is not conducive to the harmony and stability of the society.In the environmental administrative inaction lawsuit,whether the environmental administrative organs of inaction can be scientifically and accurately identified is an important part of the environmental administrative inaction lawsuit system function can be achieved.The premise of judging whether it constitutes environmental administrative inaction is to have a full understanding of its underlying theory,and on this basis,further explore how to set the recognition criteria.If the standard is set too high,it will help protect the ecological and environmental interests,but it will violate the objective laws of nature and impose a harsh burden on the environmental administrative organs,which may even lead to antagonism between them and the judiciary;while if the standard is set too low,it will easily make the judicial review formal and leave room for the environmental administrative organs to shirk their responsibilities.In addition,in the process of judicial determination,there are also factors affecting the "examination of the procedural value of prosecutorial recommendations","the intervention of the third party in lieu of performance","the setting of the deadline for performance",etc.The reasonable solution of these problems is also of great significance for the accurate determination of whether environmental administrative inaction constitutes.Throughout the domestic and foreign review of environmental administrative inaction judgment,and combined with the current state of justice in China,in today’s judicial practice,the pre-litigation procedure stage,the behavior of the standard is more appropriate,and the subsequent trial procedure stage,the results of the standard is more helpful in the case to achieve the unity of legal and social effects.At the same time should be clear,in the pre-litigation procedure stage,the introduction of expert support person,set a reasonable period of time to perform,the "no written response to prosecutorial recommendations" as an independent environmental administrative inaction of the situation and other measures are helpful to accurately determine the environmental administrative inaction is established or not,to promote the realization of the function of the environmental litigation system.