译 名：
Constructing the Administrative Public Interest Litigation System of Forestry
作 者：
WANG Zheng;Department of Environmental Science,Hebei University of Environmental Engineering;
关键词：
forestry;;administrative public interest litigation;;system construction
摘 要：
⑴ Background——With the improvement of industrialization and urbanization,the resources and environment of forestry are facing increasing pressures,and the task of protecting the forestry ecological construction achievements is still arduous. The problems of forestry ecological environment protection need to be solved by law.Compared with the imperfection law enforcement,the more serious problem for the forestry administrative law enforcement situation is administrative omission or improper act. So constructing the administrative public interest litigation system of forestry is significantly urgent.⑵ Methods——This paper uses the method of normative analysis which includes legitimacy analysis,normatively analysis and effectiveness analysis. Legitimacy analysis is applied to evaluate whether the forestry administrative litigation system is complied with positive law. Normatively analysis is used to check the clarity and logicality of the forestry administrative litigation system. Effectiveness analysis is used to judge extent that the forestry administrative litigation system transforms into legal order in practice and action.⑶ Results——The definition of forestry administrative public interest litigation is an action which is taken by the plaintiff without a direct legal interest to accuse the forestry administration of illegal administration. Compared with the traditional administrative litigation system,forestry administrative public interest litigation system has the following characteristics: the purpose of public interests,the diversity of plaintiff qualification,the specificity of litigation object,and the prevention of litigation function. The plaintiff qualification of forestry administrative public interest litigation extends to procuratorial organs and social organizations. Restrictive provisions should be made to verify social organizations. The scope of accepting cases of forestry administrative public interest litigation include the administrative acts of infringing forestry public interests,the administrative omission acts,and the abstract administrative acts. From the legislative path,the special laws about ecological and environmental administrative public interest litigation like as Forest Law and Environmental Protection Law should be legislated first. When revising the Forest Law,the regulation of forestry administrative public interest litigation should be made clearly. Meanwhile,in the relevant regulations and rules and judicial interpretations,the specific and operational rules for the destruction of forestry,the degree of damage,the standard of identification,the restoration of vegetation and other issues should be enacted.⑷ Conclusions and Discussions——The suit of omission is the main type of forestry administrative public interest litigation. There administrative omission has many forms. The judgment of performing statutory duties should not only make a request for an action,but also include a time limit of making an action. The relief means of ordering to perform the statutory duties should be strengthening. Before the forestry administrative public interest litigation,procuratorial organs and social organizations should urge the administrative organization to perform their duties in accordance with the law with the form of a procuratorial proposal or a legal proposal. Forestry administrative public interest litigation should apply the shifting burden of proof,namely the defendant should bear the burden of proof on the legality of the administrative acts of the administrative organization. And the laws and regulations and normative documents on which administrative acts were based should also be provided by the defendant. However,the plaintiff should bear the burden of proof on the damage of forestry public interest,or the risk of ecological environment might would soon be damaged by administrative acts. For other evidence of procedural facts,the principle of "who advocated that,who presents evidence" should be followed.
