Determination Criteria of"Not Performing Duties in Accordance With Law"in Environmental Administrative Public Interest Litigation
The environmental administrative public interest litigation system is an innovative legal system in China to solve the problem of environmental resources infringement,which is of great significance for the protection of environmental resources.How to determine the administrative organs"not in accordance with the law to perform their duties"in the operation of the system in the process of a par-ticularly important position,and China's law on this key issue has not made clear provisions.In the theoretical and judicial practice of the formation of the behavioral standard,the results of the standard,the composite standard,the core,viewpointsthe theoretical basis of the two-class theory and drawbacks or defects and other content analysis,the environmental administrative public interest litigation,"not in accordance with the law to perform their duties"should be determined by the results of the standard as a principle,supplemented by the standard of the standard of the behavior.
environmental administrative public interest litigationnot performing duties in accordance with lawdetermination stand-ardbehavioral standardresult standard