河海大学学报（哲学社会科学版）2025，Vol.27Issue(1)：27-39,13.DOI:10.3876/j.issn.1671-4970.2025.01.004
环境行政公益诉讼履行判决的再审视与完善
Re-examining and Improving the Enforcement Judgments in Environmental Administrative Public Interest Litigation
摘要
Abstract
The refinement of the environmental administrative public interest litigation system plays a crucial role in advancing the harmonious coexistence between humans and nature,as well as accelerating the construction of a Beautiful China.As the predominant judgment type in environmental administrative public interest litigation,the performance judgment essentially constitutes the"principal contradiction"within such judicial decisions.Current judicial practice reveals several issues regarding performance judgments in environmental administrative public interest litigation,including inconsistent criteria for determining"failure to perform statutory duties",inappropriate application of judgment modalities,and ambiguity in the scope of judgment content.The determination criteria for"failure to perform statutory duties"directly impact the litigation outcomes between procuratorial organs and administrative agencies'while the judgment modalities and content affect subsequent enforcement and judicial authority,thus requiring urgent resolution.Courts primarily employ two standards when assessing administrative agencies'performance of statutory duties:behavioral standards and outcome standards.In environmental administrative public interest litigation,absolute outcome standards should be rejected.For certain cases,courts may directly apply behavioral standards to evaluate administrative compliance,while more complex cases necessitate comprehensive consideration of outcome standards and causal relationships.Judicial authorities must fully recognize that administrative non-performance constitutes the prerequisite for issuing performance judgments.Such judgments should not be combined with judgments confirming illegality,though they may be accompanied by partial claim dismissals or revocation judgments depending on case specifics.It is essential to distinguish between orders to perform and orders to continue performing statutory duties within environmental administrative public interest litigation judgmen关键词
环境行政公益诉讼/履行判决/判决标准/判决方式/判决内容Key words
environmental administrative public interest litigation/enforcement judgment/judgment criteria/judgment method/judgment content引用本文复制引用
陈海嵩,张新..环境行政公益诉讼履行判决的再审视与完善[J].河海大学学报（哲学社会科学版）,2025,27(1):27-39,13.基金项目
国家社会科学基金重大项目(22&ZD138) （22&ZD138）
