行政公益诉讼——以生态环境的司法保护为视角-法律学专业论文.docxVIP

PAGE PAGE 1 2 2 Abstract With the increasing environmental pollution and ecological degradation, combined with the citizens’ consciousness of environmental protection has been strengthened, the problems existing in the process of the administrative organs’ performing its duties of administrative supervision and protecting the ecological environment have gradually been exposed, and the behaviors of administrative organs’ violation of laws and dereliction of duties attract more and more criticism from the society, as a result, more and more administrative litigations which purpose is to maintain a better ecological environment appear constantly. However, due to the unreasonable restrictions to the plaintiff qualification of the Administrative Procedure Law, namely only those who have legal interests with the accused administrative behavior have the qualification to institute administrative litigation, the provisions of the scope of the court’s accepting cases is too close to meet the needs of the reality, namely the Administrative Procedure Law only stipulate the actionable administrative behavior in the form of list, the absence of administrative public interest litigation system and many other reasons, there are many problems of this type of case existing because of the lacking of corresponding theoretical support and clear specification operation, such as the acceptance of the court, trial, execution and so on. Leading to the direct consequences that such litigations are often been shut out by the court for the reasons that the suitor can’t meet the plaintiff qualification regulated in the current Administrative Procedure Law or this type of case doesn’t belong to the scope of the court’s accepting cases. Even if some courts made a bold attempt, breaking through the constraint of current legal provisions so as to adapt to the needs of the development of reality, incorporating this type of case into the scope of the judicial relief, it may lead to unreasonable