Research On Environmental Administrative Public Interest Litigation In Tibet

Under the general layout of the construction of ecological civilization society,the introduction of a series of policy documents provides the direction for how to build ecological civilization,and gradually clarifies the protection of ecological environment as the main tone of social development in the new era,and clarifies the synchronization of system reform and system construction to promote the modernization of harmonious coexistence between man and nature.Commonweal litigation system came into being in this context.Based on the theoretical research on the comprehensiveness of the system,combined with the national level to explore the establishment of procuratorial organs filed public interest litigation system pilot experience,through the revision of the ’ Civil Procedure Law ’ and ’ Administrative Procedure Law ’,formally established the civil public interest litigation system and administrative public interest litigation system.Compared with the former,the development of environmental administrative public interest litigation system in Duilongdeqing District of Lhasa City,Tibet Autonomous Region has not achieved the preset effect.By means of the analysis of the theory of environmental administrative public interest litigation system,relevant laws,judicial interpretation regulations and the analysis of administrative law enforcement and justice in the field of environmental protection in Duilong area,this paper analyzes the essential objectives,power structure,practical characteristics and influencing factors of the system,and give suggestions and measures.The exercise of administrative power plays an important role in the environmental administrative public interest litigation system.With the influence of national environmental protection legislation,the reform of "vertical management " within the environmental protection department,and the reform of the internal institutions of the State Council,the environmental protection law enforcement agencies have experienced a process from scratch,and the environmental protection responsibilities have gradually been clarified and converged to the ecological environment bureau.In the local environmental protection law enforcement,the unified supervision mode of the ecological environment bureau is formed.The reform has adversely affected the law enforcement of grassroots environmental law enforcement administrative organs and increased the pressure on grassroots law enforcement.The study found that the relationship between the administrative power and the judicial power involved in the power structure of the administrative public interest litigation system presents the judicial power initiative of the passive combination of supervision and supervision,procuratorial power and judicial power,and the priority of administrative power in the protection of environmental interests.Through the investigation and analysis of the current situation of environmental law enforcement in Duilong,it is found that the Duilong Deqing Branch of Lhasa Ecological Environment Bureau is responsible for the unified supervision of environmental law enforcement in the area,and other administrative organs coordinate and cooperate with the implementation of ecological environment and natural resource protection within their responsibilities.The influence of ’ vertical management ’ reform on the qualification of law enforcement subject of the original county-level environmental protection bureau,the pollution control of enterprises and the backward allocation of facilities have hindered the construction of regional ecological civilization.The environmental administrative public interest litigation system of Duilong Procuratorate has made remarkable progress in 2021,however,there are also some problems,such as the difficulty in identifying environmental public interest damage,the poor effect of environmental administrative public interest litigation system,and the lack of punishment for administrative organs ’ omission.In accordance with the analysis of the law enforcement and justice,’ vertical management ’ reform,institutional reform and judicial interpretation of ecological environment protection in Duilong Deqing District,it is found that in addition to the above practical problems,there are still : First,in the ’ vertical management ’ reform,the original county-level environmental protection bureau,which lost the qualification of administrative subject,is facing the pressure of administrative law enforcement caused by many factors,such as institutional reform,further gathering of ecological environment law enforcement responsibilities,and decentralization of law enforcement focus;Secondly,the loss of the administrative subject qualification of the original county-level environmental protection bureau,as well as the loss of the qualification of the litigant,has caused the remote jurisdiction and scale aggregation of environmental administrative public interest litigation cases;Third,in the procedure of environmental administrative public interest litigation,Third,in the procedure of environmental administrative public interest litigation,the filing a lawsuit objectively cannot lead to the elimination of ’ rigidity ’of procuratorial suggestions in the pre-litigation procedure.In view of the problems found,this paper puts forward suggestions on the optimization of administrative law enforcement,such as : facility allocation,establish a corporate compliance system suitable for small enterprises with large-scale aggregation,and partial ’ decentralization ’ of administrative punishment power.At the judicial level,we should pursue the substantive effect of legal publicity,ensure the smooth source of clues in the environmental administrative public interest litigation system,and clarify the role of supervisory power.In the process of urban development in Duilongdeqing District of Tibet Autonomous Region,the basic conditions for the formation of contradictions between economic development and environmental protection are not unique,which are more similar in the ’One-River-Two-Tributaries ’ area.Therefore,it is meaningful to study how to alleviate the pressure of environmental protection through the environmental administrative litigation system in the development of Duilong.The suggestions and measures drawn from the study can be used for reference in the ’ One-River-Two-Tributaries ’ region and even the whole Tibet Autonomous Region.