Research On The Improvement Of Environmental Public Interest Litigation System Brought By Social Organizations

The environmental public interest litigation system has always been a hot topic of research in China’s environmental law field,but the mistakes of China’s existing legislation on the positioning of public interest litigation and the choice of procedural carrier have not been taken seriously.On the surface,China’s existing legislation characterizes environmental public interest litigation brought by social organizations as civil tort litigation,while the lawsuit is actually a private law enforcement lawsuit from the perspective of public law,i.e.,a lawsuit brought by social organizations as a private entity for the purpose of environmental law enforcement,but social organizations do not have the power of environmental law enforcement,which belongs exclusively to environmental administrative organs.Therefore,the existing legislation in China is wrong in characterizing the environmental public interest litigation brought by social organizations.In addition,the existing legislation also wrongly chooses civil litigation as the procedural carrier of the lawsuit,which increases the burden of proof for potential administrative subjects and prevents them from obtaining quick relief for the damaged environmental public interest.In addition,China’s existing legislation does not fully reflect the principle of administrative jurisdictional priority for environmental public interest litigation initiated by social organizations,which makes the normal exercise of the administrative authority hindered.In response to these problems,this paper firstly clarifies the wrong positioning of environmental public interest litigation initiated by social organizations in China,points out that environmental public interest responsibility should be administrative responsibility,and proposes that the real basis of the right of action of environmental public interest litigation initiated by social organizations should be the right of supervision by citizens as stipulated in the Constitution,and then reveals that the real attribute of environmental public interest litigation initiated by social organizations in China should be public interest supervision litigation,which is subordinate to administrative public interest litigation.It is an administrative public interest litigation.Secondly,the procedural carrier of environmental public interest litigation initiated by social organizations in China is corrected to administrative litigation.Finally,the existing legislation on environmental public interest litigation brought by social organizations in China is in contradiction with the principle of administrative jurisdictional priority,and the specific correction is made to ensure that the jurisdiction of environmental administrative organs is fully respected by judicial organs.