Study On Regulation Of Environmental Protection Organization’s Litigation Misconduct

Environmental protection organizations have become an important force in the ecological environment protection system due to their inherent flexibility,democracy,and other characteristics.However,the phenomenon of misconduct in environmental civil public interest litigation by environmental protection organizations has begun to appear and is spreading.The misconduct of environmental protection organizations not only violates the original intention of the design of environmental civil public interest litigation system,but also causes a waste of judicial resources.The litigation behavior of environmental protection organizations refers to a series of actions that can produce procedural effects when environmental protection organizations registered by the people’s government and qualified for prosecution under the law participate in environmental civil public interest litigation.This article compares what should be and what should be,and finds that environmental protection organizations have non-standard litigation behaviors when participating in environmental civil public interest litigation,such as arbitrary prosecution,abnormal withdrawal of litigation,negligence in fulfilling the burden of proof,and negative response to litigation.The issue of misconduct in environmental protection organizations’ litigation behavior is not accidental.There are both subjective reasons for environmental protection organizations themselves and objective reasons for institutional rules.Correcting its own reasons,the misconduct of environmental protection organizations in litigation is mainly due to the existing system and theoretical research that excessively pays attention to the participation rate of environmental protection organizations and ignores the importance of their own construction,resulting in insufficient awareness of responsibility and environmental knowledge of environmental protection organizations.In addition to environmental protection organizations’ own reasons,the blank and rough procedural rules for environmental protection organizations’ participation in environmental civil public interest litigation have also caused environmental protection organizations’ misconduct in litigation to some extent.In addition,the absence of disciplinary measures for misconduct in litigation by environmental organizations cannot form an effective deterrent against environmental organizations.The superposition of the above factors has intensified the problem of misconduct in litigation by environmental protection organizations,increasing the burden of justice,and even more environmental protection organizations are suspected of "seeking benefits under the guise of public welfare",thereby weakening the credibility of judicial relief for environmental public welfare.In order to urge environmental protection organizations to participate in environmental civil and public welfare litigation legally,reasonably,and in compliance,and to play a positive role in protecting environmental public welfare,it is necessary to conduct governance from multiple aspects.In terms of legislation,it is necessary to first clarify the identification criteria for "preliminary proof" materials,and on this basis,establish a pre emptive procedure for environmental civil public interest litigation to prevent environmental organizations from suing at will;In the judicial aspect,judicial review should be strengthened and the role of judges’ interpretation should be played to correct non-standard litigation claims by environmental protection organizations;In terms of self construction of environmental protection organizations,it is necessary to play the guiding role of the government,enhance the sense of responsibility and litigation ability of environmental protection organizations,and thus achieve the professionalization and standardization of litigation behavior of environmental protection organizations;In terms of administrative supervision,strengthen the supervision of litigation actions of environmental protection organizations by clarifying the regulatory body and scope;In terms of legal liability,fines and qualification penalties are used to form a deterrent force against environmental protection organizations,and to urge them to make legal,compliant,and reasonable litigation actions that meet the law and people’s expectations.