环境公益诉讼展开的实然状态与应然图景OACHSSCDCSSCI

The implementation of environmental public interest litigation not only plays an important role for the relief of environmental public interest,but also is the side embodiment of Chinese multi-subject environmental governance system.In environmental public interest litigation,administrative agencies,social organizations,and judicial bodies each play institutional roles in safeguarding environmental public interests,based on the interrelationships between power and power,and power and rights in environmental governance.However,in practice,environmental public interest litigation often suffers from biases in areas such as litigation prerequisites,timing,and types of cases.Just like Chinese first preventive environmental civil public interest litigation,the"Green Peacock Case",filing a civil public interest lawsuit against the party conducting activities based on an environmental impact assessment administrative permit does not align with the public law nature of environmental public interest damage remedies.Additionally,when the environmental administrative agency exercises its administrative power according to the law to achieve preventive protection of the environmental public interest,the court′s acceptance of a civil public interest lawsuit from social organizations causes a misalignment in the power sequence of exercising judicial and administrative powers.Ideally,the scenario for environmental public interest litigation is that social organizations properly exercise their rights to participate in and supervise environmental protection in accordance with the law,environmental administrative agencies play a priority and leading role in the protection of environmental public interests,and social organizations,prosecutorial and judicial bodies collaborate to urge administrative agencies to fulfill their regulatory duties according to the law through administrative public interest litigation.