环境行政公益诉讼受案范围的辨析

Analysis on the scope of accepting cases in environmental administrative public interest litigation

我国环境行政公益诉讼制度主要设置了两种不同的案件类型,包括行政机关违法行使职权与行政机关不履行法定职责。但从司法实践来看,此两类案件的现实数量严重失衡,行政机关违法行使职权的案件类型过少,未能有效发挥该制度预先设计的效用,这一定程度上归结于违法行使职权认定的模糊性以及受案范围的局限性。为此,有必要对“违法行使职权”进行重新解读,逐步由行政机关的环境职权过渡至环境职责,并在新时代检察机关法律监督职责优化的背景下,扩大与完善环境行政公益诉讼的受案范围。

China’s environmental administrative public interest litigation system mainly sets up two different types of cases,including the illegal exercise of functions and powers by administrative organs and the non performance of legal duties by administrative organs.However,from the perspective of judicial practice,the actual number of these two types of cases is seriously unbalanced,and there are too few types of cases in which administrative organs illegally exercise their functions and powers,which can not effectively give play to the pre-designed effectiveness of the system,which is due to the fuzziness of the identification of illegal exercise of functions and powers and the limitations of the scope of cases to a certain extent.Therefore,it is necessary to reinterpret the"illegal exercise of functions and powers",gradually transition from the environmental functions and powers of administrative organs to environmental responsibilities,and expand and improve the scope of environmental administrative public interest litigation under the background of optimizing the legal supervision responsibilities of procuratorial organs in the new era.