建立预防性环境行政公益诉讼制度的困境及解决措施

Dilemmas and Solutions in Establishing a Preventive Environmental Administrative Public Interest Litigation System

随着风险社会的到来,风险预防原则逐步被我国所吸纳,并体现在我国的法律制度当中。在民事诉讼领域已经引入风险预防原则建立起了预防性环境民事公益诉讼制度,但是预防性环境行政公益诉讼制度仍然处于缺位状态。本文将对预防性环境行政公益诉讼制度建立、施行过程中存在的重大风险认定、有关行政机关正确履职认定、检察权与行政权界限不明等问题进行分析并提出解决方案。

With the advent of the risk society, the principle of risk prevention has been gradually absorbed by our country and embodied in our legal system. In the field of civil litigation has introduced the principle of risk prevention to establish a preventive environmental civil public interest litigation system, but the preventive environmental administrative public interest litigation system is still in a state of absence. This paper will analyze and propose solutions to the problems of the establishment and implementation of the preventive environmental administrative public interest litigation sys-tem, such as the identification of major risks, the determination of the correct performance of the relevant administrative organs, and the uncertainty of the boundaries between the prosecutorial power and the administrative power.