The Procedural Rules of Environmental Administrative Public Interest Litigation Have Been Improved

Abstract

Environmental administrative public interest litigation plays an important role in promoting the construction of modern environmental governance system and enhancing the ability of ecological environmental protection and governance. However, since the formal establishment of environmental administrative public interest litigation system is relatively late, it is still in the exploratory stage. Therefore, in practice, the main body of environmental administrative public interest litigation is too simple, the judgment criteria for the commencement of litigation proceedings are controversial, and the consultation mechanism in the pre-litigation procedure is not perfect. Based on the fundamental position of ecological protection, considering the particularity of environmental damage and combining with some typical environmental administrative public interest litigation cases, it is proposed to improve the procedural rules of environmental administrative public interest litigation by appropriately expanding the scope of litigation subjects, taking behavioral standards as the judgment criteria for performing duties according to law, and strengthening the consultation provisions of both parties in pre-litigation procedures.