我国环境资源行政诉讼之探讨

A Study of China's Administrative Lawsuit Over Environment Resources

环境资源行政诉讼在我国诉讼理论和实践中,存在诸多问题。文章对我国环境资源行政诉讼的特征、分类、受案范围、举证责任和执行几个方面进行了分析,认为我国环境资源行政诉讼应分为确认之诉、履行之诉、变更之诉、撤销之诉、赔偿之诉;认为其受案范围涉及司法权、行政权和诉权三者之间的关系;等等。

There are a lot of theoretical and practical problems in China＇ s administrative lawsuit over environment resources, Having given an analysis of the lawsuit features, lawsuit classification, the range of lawsuit, burden of persuation and enforcement, the article holds that the range of lawsuit is related to the relations between judicial power, administrative power and lawsuit power.