The Research on the Basis of Right to Claim in Environmental Administrative Public Interest Litigation
The basis of right to claim for environmental public interest litigation includes the principles of environmental law,the theory of public interest litigation clauses and the theory of environmental rights,but the basis of these claims is not clear enough,especially not in line with the practice of environmental adminis-trative public interest litigation in China.Environmental administrative public interest litigation cannot deter-mine the basis of the right to claim from the perspective of the power of the procuratorate as the plaintiff,so it is necessary to achieve the shift from the plaintiff's rights(power)to the defendant's obligations,and take the statutory obligations of the administrative agencies as the basis for the claim.This shift,which conforms to the litigation structure of administrative public interest litigation and reflects the obligatory nature of the con-tent of administrative-legal relationships,is conducive to the unified review of the obligations and duties of administrative agencies.The environmental obligations of administrative agencies are mainly derived from the general norms of administrative law and environmental legal norms,and there are various types of legal norms as the basis for claims,which are required to be systematically constructed,so as to accurately judge the obligations of administrative agencies,determine the basis of claims for environmental administrative pub-lic interest litigation,and review them.
environmental administrative public interest litigationthe basis of the right to claimadminis-trative obligations
万方数据
维普
