Analysis of Legal Issues in Environmental Administrative Public Interest Litigation
Abstract
amended for the second time in August 2012, provided for the first time for an environmental public interest litigation system, stressing that
relevant departments or organisations can initiate litigation in the Peoples Courts in the face of incidents of damage to the environment and
endangering the legitimate rights and interests of the public[1]. Nowadays, the 20th CPC National Congress proposes to improve the public
interest litigation system, which provides a policy basis and direction for the further development and improvement of environmental public
interest litigation, and promotes its better functioning in the fields of ecological environment and resource protection, solving ecological and
environmental governance problems by means of the rule of law, forming a synergy of public interest protection and promoting the construction of a beautiful China, which has become a major challenge for the protection of social public interests. It has become an important legal
means to protect social public interests and safeguard social justice. This paper will analyse the value pursuit and legal relationship of the
environmental public interest litigation system from the perspective of jurisprudence, but because the public interest litigation system in China
has not been established for a long time, and has not yet formed a strict legal system of public interest litigation, there are problems such as
rough specification of the main litigation body, greater resistance to litigation, and special role of the procuratorate, which are not conducive
to the environmental public interest litigation system to play the role of resource conservation and protection of the environment, and will analyse the problems raised above and highlight the ways to improve the situation by combining with the sectoral law. This paper will analyse the
above problems and highlight the improvement methods.
Keywords
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[1] Gong Gu. Environmental civil public interest litigation nature positioning reflection [J]. Legal Studies, 2019, 41(3): 127-147.
[2] Xiao Jianguo. Principles of environmental public interest litigation in the intersection of interests [J]. Journal of Renmin University of
China, 2016(2): 14-22.
[3] Zhang Xiang. The new development of environmental constitution and its normative interpretation[J]. Jurist, 2018(3): 90-97, 193-194.
[4] Wang Yurong. The Concept of Environmental Rights: Reflection, Evidence and Extension[J]. Environmental Law Review, 2022(2):130-146.
[5] Aristotle. Politics [M]. Wu Shoupeng, Translation. Beijing: The Commercial Press, 1983: 48.
[6] Li Bingqiang. Critique of public trust theory [M]. Beijing: law press, 2017.
[7] Liang Chunyan, Feng Liyan. Review and Optimisation of Environmental Administrative Public Interest Litigation System Instituted by
Procuratorial Authorities [J]. Journal of Hunan Police College, 2022, 34(02): 83-91.
[8] Wang Xi. On the Legislative Order of Environmental Public Interest Litigation System [J]. Tsinghua Law, 2016(6): 101-114.
DOI: http://dx.doi.org/10.70711/frim.v3i2.6016
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