Setting the Statute of Limitations for Environmental Civil Public Inter-est Litigation from the Perspective of Administrative Law Enforcement—A Reference to the Statute of Limitations for Environmental Citizen Suits in the United States
Environmental civil public interest litigation,which belongs to public law litigation,is different from civil private interest litigation.However,the existing statute of limitations system for environmental civil public interest litigation still follows the framework or provisions of civil litigation limitation in theoretical exploration and judicial practice,which is not helpful in solving the difficulties faced by the system.Environ-mental civil public interest litigation has emerged to address administrative failures,so it should be examined under the public law system.This paper holds that there is common institutional framework between environ-mental civil public interest litigation and environmental administrative enforcement,and the remedies can be interchangeable,similar to the relationship between environmental citizen suits and EPA enforcement actions in the United States.Therefore,it is necessary to examine and draw on the institutional norms and practical ideas of the application of administrative enforcement statute of limitations in environmental citizen suits in the United States,and further prove the superiority of applying administrative penalty statute of limitations in environmental civil public interest litigation through internal and external system considerations.Based on the characteristics of environmental civil public interest litigation and the provisions of administrative penalty stat-ute of limitations,we should improve the duration,starting point,termination,and extension rules of the statute of limitations system for environmental civil public interest litigation.
environmental civil public interest litigationstatute of limitationsenvironmental citizen suitsadministrative sanction
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