环境保护科学2026，Vol.52Issue(2)：9-13,46,6.DOI:10.16803/j.cnki.issn.1004-6216.202507018
论违法行政行为类型化的预防性环境行政公益诉讼
On the prevention of environmental administrative public interest litigation through the categorization of illegal administrative acts
摘要
Abstract
Preventive environmental administrative public interest litigation,as an institutional innovation in risk social governance,was confirmed to play an important role in regulating administrative risky acts and preventing ecological environmental damage.Through the analysis of typical cases in China,illegal administrative acts were classified into two categories:active illegal acts and inactive illegal acts.By this means,the abstract prevention principle was transformed into identifiable and operable specific behavioral modes,which was regarded as an essential stage for institutional improvement.Nevertheless,many dilemmas were exposed in current preventive environmental administrative public interest litigation,including the absence of preventive legislation,ambiguous identification criteria for illegal administrative acts,and insufficient supervision over administrative acts.In view of the structural defects of the"Ecological Environment Code(Draft)"in multi-cooperative governance,three optimization suggestions were put forward:legal norms were established,types and identification criteria of illegal administrative acts were formulated,and pre-litigation procedures were improved to strengthen supervision functions.Accordingly,the institutional efficiency of preventive justice in environmental risk governance was comprehensively improved.关键词
预防性环境行政公益诉讼制度/违法行政行为/行为类型化/生态环境法典Key words
preventive environmental administrative public interest litigation/illegal administrative acts/categorization of acts/Ecological Environment Code分类
社会科学引用本文复制引用
徐军,魏夏童..论违法行政行为类型化的预防性环境行政公益诉讼[J].环境保护科学,2026,52(2):9-13,46,6.基金项目
江苏省社科基金重点项目(20FXA002) （20FXA002）
