Function Optimization and Regulation of Relevant Organs in Environmental Administrative Public Interest Litigation

DOI: https://doi.org/10.62517/jel.202514107

Author(s)

Kaibo Fu

Affiliation(s)

Law School, Tianjin University, Tianjin, China

Abstract

Environmental administrative public interest litigation refers to a system in which the procuratorate may take measures to file an administrative lawsuit with the court to protect the environmental public interest when the environmental public interest is infringed upon or is likely to be infringed by a specific administrative act of an administrative agency. At present, the number of environmental administrative public interest litigation cases in China has shown the characteristics of blowout growth, but there are also many problems to be solved behind this growth. In the pre litigation procedure, the content of the procuratorial recommendations of the procuratorial organ is inappropriate, so the content of the procuratorial recommendations should be optimized to ensure its details and Appropriateness; In the process of litigation, the procuratorial organ has a tendency of self-interest, which damages the fairness of justice, so it should take some regulatory measures. On the other hand, the court has the problem of generalizing the content of the judgment, which needs to be clarified in detail; In the implementation process, the procuratorial organs' supervision over the implementation of administrative organs is insufficient.

Keywords

State Organs; Environmental Administrative Public Interest Litigation; Functional Optimization; Regulation

References

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