环境行政公益诉讼的实践考察及问题检视

Practice Investigation and Problem Inspection of Environmental Administrative Public Interest Litigation

环境行政公益诉讼制度作为我国生态文明建设推动下的产物,切合了国家环境治理的新需求。然而,检视环境行政公益诉讼制度发现其存在行政机关履行法定职责标准不明确、举证责任分配不明晰、裁判结果原则化等问题。建议从厘清履行法定职责的认定标准、明确举证责任分配、构建专业化审判团队、主动延伸行政审判职能、强化判决执行效果等方面出发,在实践中推动和深化环境行政公益诉讼的发展。

The environmental administrative public interest litigation system,as a product of China's ecological civilization construction,meets the new needs of national environmental gover-nance.However,it was found that there are some problems in environmental administrative public interest litigation system,such as whether the administrative organ fulfills the statutory duties and standards,the allocation of the burden of proof is not clear,and the results of the referee are in principle.It was suggested to promote and deepen the development of environmental administrative public interest litigation in practice from clarifying the criteria for determining the statutory duties,clarifying the distribution of burden of proof,constructing a specialized trial team,proactively ext-ending the administrative trial function,and strengthening the effectiveness of judgment execution.