Research On The System Of Environmental Administrative Public Interest Litigation Initiated By Social Organizations

In order to protect the public environmental interests,my country urged environmental administrative law enforcement,opened the environmental administrative public interest lawsuit model,and made breakthrough progress.As a national public power supervision organs,the procuratorial organs have expanded and played the role of environmental administrative public interest lawsuits and played their role in supervision.The phenomenon of "social affairs,state responsibility" not only increases the pressure of case handling of procuratorial organs,but also easily leads to internalization of environmental supervision,compress the governance space of social subjects,and ignores the socialization of the subject of litigation.Therefore,from the perspective of institutional risks,environmental protection must emphasize the role of social governance,and from relying on public power to carry out environmental governance to more implementation of social governance.Only by introducing social forces can ensure that my country’s environmental administrative public interest litigation system can form a good lawsuit.Ecology,and social organizations have mentioned that the environmental administrative public interest litigation system is a key part of the environmental governance system that builds a socialized and nationalized integration and development.Therefore,we should start with the design of the system,accept environmental social organizations as the subject of the plaintiff,clarify the ways and paths of social organizations to participate in lawsuits,enhance the country’s incentives and support mechanisms for the development of environmental protection social organizations,encourage social organizations to propose environmental administrative public welfare Litigation to maximize the benefits of my country’s environmental administrative public interest litigation.This article is based on the study of the system of environmental administrative public interest litigation brought by social organizations.It clarifies the concept and connotation of environmental administrative public interest litigation brought by social organizations through the clarification of the system and the theoretical basis of environmental administrative public interest litigation;it seeks theoretical support for the legalization of environmental administrative public interest litigation brought by social organizations through the theory of environmental rights,the theory of environmental public trust and the theory of private attorney general.The paper will also clarify the current development of environmental administrative public interest litigation in China through legislative regulation and judicial practice,pointing out the inherent difficulties of the system and reflecting on the risks posed by the current single litigant,in order to support the analysis of the necessity and functional value of environmental administrative public interest litigation brought by social organizations.On the other hand,it is necessary to build a litigation mechanism in terms of substance and procedure,and to improve the legislation at the institutional level to clarify the rules of environmental administrative public interest litigation brought by social organizations.