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Wang Xi, Zhang Chujia: Thought of the Improvement in China's Environmental Public Interests Litigation System

[ Release time]: 2016-06-07 [ source]: [reading]:1847次

Abstract: With the increasingly severer environmental problems,the government plays a more and more important role in the field of environmental supervision. Environmental Protection Law of the People's Republic of China ( 2014 Revision) has explicitly stipulated that the local governments at all levels shall be responsible for the environmental quality within their respective administrative regions.But Article 58 in the law has not set up corresponding external supervision system on circumstances of governments indolent in carrying out environmental supervision duties,which objectively leads to the unbalanced development of environmental public interest litigation practice, Reference are learned from the environmental public interest litigation legislation and juridical practice in western countries,of which the major is the environmental administrative public litigation instituted by the civil and environmental groups that filed administrative lawsuits. So as to prove that the key to consummate Chinese environmental public interest litigation system should be the construction of the environmental administrative public interest litigation system,in order to regulate the phenomenon of government failure in the environmental protection field and classify the relationship between the administrative power and judicial power in the field of public affairs.

Key words: environmental administrative public interests litigation; environmental protection law; environmental groups; government

failure; supervision

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