南京工业大学学报（社会科学版）2025，Vol.24Issue(4)：26-43,18.
环境行政公益诉讼中职权主义的适用及其限度
On the Application and Limits of the Ex Officio Principle in Environmental Administrative Public Interest Litigation
摘要
Abstract
At present,the exercise of inquisitorial powers by courts in environmental administrative public interest litigation in China remains insufficient.This is primarily reflected in several aspects:courts admit cases that are not yet ripe for litigation;they lack initiative in clarifying abstract claims;they are reluctant to issue judgments dismissing unfounded claims;they rarely correct improperly combined claims;and they tend to be overly cautious in rendering specific judgments.The underdevelopment and normative deficiencies of the environmental administrative public interest litigation system necessitate a more proactive inquisitorial role by the judiciary to facilitate smoother institutional operation.As an objective type of litigation aimed at safeguarding the public interest and maintaining the objective legal order,environmental administrative public interest litigation inherently lacks adversarial characteristics.The involvement of procuratorial organs does not impede the normal exercise of adjudicatory power,and a judicious application of inquisitorialism does not transgress the boundaries of judicial authority.Courts should exercise their inquisitorial powers in a targeted manner:refusing to accept cases that should not proceed to litigation,clarifying that procuratorates specify their claims,lawfully dismissing improper claims raised by procuratorates,rectifying erroneous composite claims,and issuing concrete judgments based on the facts of each case.Nevertheless,the inquisitorial function of courts must not be exercised without limit.The application of inquisitorialism in environmental administrative public interest litigation must adhere to the principle of legality,observe judicial restraint,and respect the inherent laws governing judicial activity.关键词
环境司法/环境行政公益诉讼/职权主义/司法谦抑性分类
社会科学引用本文复制引用
占善刚,陈炽彬..环境行政公益诉讼中职权主义的适用及其限度[J].南京工业大学学报（社会科学版）,2025,24(4):26-43,18.基金项目
教育部人文社会科学重点研究基地重大项目"新时代生态文明建设司法保障与服务的完善研究"(22JJD820014) （22JJD820014）
