我国环境行政公益诉讼制度的构建探究
发布时间：2018-07-26 13:41
【摘要】：环境问题日益严重,在行政机关的不当行政行为下可导致环境污染的产生和加剧,需要更为完善的法律进行预防监督。随着我国的法治进步、立法水准的不断提高以及司法实践的需要,构建环境行政公益诉讼制度成为了迫切需要。2015年最高人民检察院在部分地区展开公益诉讼试点工作。此项工作为构建该制度打下了一定基础。因此,本文认为在实践方面不断推进的同时,也应该推进对该诉讼制度的理论研究。本文分析了建立该诉讼制度的理论基础、立法状况以及司法状况。重点对我国的《宪法》、《环境保护法》、《行政诉讼法》作了分析和总结。由此可以看出,我国构建环境行政公益诉讼制度在立法方面存在的障碍和局限性:理论基础的缺乏、法律规定的不确定性、原告资格受案范围的狭窄等。另一方面,对该制度在理论和实践方面不断深入探究、公民意识不断增强的状况下,对该诉讼制度的构建具有一定推动作用。本文对国外已经构建的环境行政公益诉讼制度做了对比分析。在这些国家中,该诉讼制度的建立比较早,该制度在不断地发展变化和完善,对于环境保护的力度逐渐增强,诉讼限制性条件整体上呈现减少的趋势,同时还制定了相关的配套程序。在此对比研究基础之上,笔者提出了构建设想。包括:赋予不同主体原告资格;明确界定了环境行政公益诉讼的受案范围;设置诉前程序防止滥诉;举证责任在该种诉讼下的重新划分;对不同的诉讼主体所应承担的诉讼费用的构想。
[Abstract]:Environmental problems are becoming more and more serious, which can lead to environmental pollution under the improper administrative behavior of administrative organs, and need more perfect laws to prevent and supervise. With the progress of our country's rule of law, the constant improvement of legislative level and the need of judicial practice, it is urgent to construct the environmental administrative public interest litigation system. In 2015, the Supreme people's Procuratorate launched the pilot work of public interest litigation in some areas. This work has laid a certain foundation for the construction of the system. Therefore, this paper holds that the theoretical study of the litigation system should be promoted while the practice is constantly advancing. This paper analyzes the theoretical basis, legislative status and judicial status of establishing the litigation system. The constitution, environmental protection law and administrative procedure law of our country are analyzed and summarized. From this, we can see that there are some obstacles and limitations in establishing the environmental administrative public interest litigation system in our country, such as the lack of theoretical basis, the uncertainty of legal provisions, the narrow scope of the plaintiff's qualification to receive cases, and so on. On the other hand, it has a certain role to promote the construction of the litigation system under the condition that the system has been deeply explored in theory and practice, and the citizen consciousness has been strengthened constantly. This paper makes a comparative analysis of the environmental administrative public interest litigation system that has been constructed abroad. In these countries, the litigation system was established relatively early, the system is constantly developing, changing and improving, the intensity of environmental protection is gradually increasing, and the restrictive conditions of litigation have shown a trend of decreasing as a whole. At the same time, the relevant supporting procedures are also developed. On the basis of this comparative study, the author puts forward a tentative plan of construction. Including: to give different subjects plaintiff qualifications; clearly defined the scope of environmental administrative public interest litigation; set up a pre-action procedure to prevent excessive litigation; the burden of proof in this kind of litigation under the re-division of the burden of proof; The conception of litigation cost that should be borne by different litigant.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
[Abstract]:Environmental problems are becoming more and more serious, which can lead to environmental pollution under the improper administrative behavior of administrative organs, and need more perfect laws to prevent and supervise. With the progress of our country's rule of law, the constant improvement of legislative level and the need of judicial practice, it is urgent to construct the environmental administrative public interest litigation system. In 2015, the Supreme people's Procuratorate launched the pilot work of public interest litigation in some areas. This work has laid a certain foundation for the construction of the system. Therefore, this paper holds that the theoretical study of the litigation system should be promoted while the practice is constantly advancing. This paper analyzes the theoretical basis, legislative status and judicial status of establishing the litigation system. The constitution, environmental protection law and administrative procedure law of our country are analyzed and summarized. From this, we can see that there are some obstacles and limitations in establishing the environmental administrative public interest litigation system in our country, such as the lack of theoretical basis, the uncertainty of legal provisions, the narrow scope of the plaintiff's qualification to receive cases, and so on. On the other hand, it has a certain role to promote the construction of the litigation system under the condition that the system has been deeply explored in theory and practice, and the citizen consciousness has been strengthened constantly. This paper makes a comparative analysis of the environmental administrative public interest litigation system that has been constructed abroad. In these countries, the litigation system was established relatively early, the system is constantly developing, changing and improving, the intensity of environmental protection is gradually increasing, and the restrictive conditions of litigation have shown a trend of decreasing as a whole. At the same time, the relevant supporting procedures are also developed. On the basis of this comparative study, the author puts forward a tentative plan of construction. Including: to give different subjects plaintiff qualifications; clearly defined the scope of environmental administrative public interest litigation; set up a pre-action procedure to prevent excessive litigation; the burden of proof in this kind of litigation under the re-division of the burden of proof; The conception of litigation cost that should be borne by different litigant.
【学位授予单位】：新疆大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.3
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