On the modesty of environmental administrative public interest litigation: Limited to environmental administrative public interest litigation filed by procuratorate
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D922.63;D925.3

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    Abstract:

    Procuratorate bring environmental administrative public interest litigation, which is an important way to promote administrative organs to fulfill their environmental protection duties. Environmental administrative public interest litigation involves three organs:procuratorates, courts and administrations, and the relationship between judicial power and administrative power needs to be handled well. On the one hand, environmental justice is proactive, and it is easy to cause conflicts between judicial power and administrative power; on the other hand, based on the characteristics of judicial limitation and administrative implementation of environmental law, attention should be paid to the problem of judicial modesty. How to understand the modesty of environmental administrative public interest litigation needs to be analyzed from the theoretical and practical dimensions. In environmental administrative litigation filed by procuratorates, we should respect the first jurisdiction of the administrations, the pre-litigation procedures of the administrative public interest litigation, the administrative discretion, and the issue of administrative inability. Of course, this modesty is not absolute. In order to play the role of administrative public interest litigation effectively, we should grasp the limitations of this modesty, by clearly defining the scope of mandatory litigation, determining the requirements of substantive judgments, and respecting litigation settlement, to deal well with the relationship between judicial modesty and judicial supervision.

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邓可祝.论环境行政公益诉讼的谦抑性——以检察机关提起环境行政公益诉讼为限[J].重庆大学学报社会科学版,2021,27(5):217~229

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  • Online: November 05,2021
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