环境行政公益诉讼：识别、困境、出路——基于2020年185份裁判文书样本的考察

环境行政公益诉讼特有的运行逻辑与内容建构使其拥有独特的功能定位。通过对2020年185份环境行政公益诉讼裁判文书的多维度梳理归纳,可以发现我国当下环境行政公益诉讼具有检察机关胜诉率高、生态环境污染类案件比重大、行政不作为案件数量多等特征。由于环境案件繁重复杂的司法现实,审判实践中还存在着诸多问题,如案件来源单一化与现实情况多样化相背离,案件中履职标准模糊化与司法审判标准统一化相脱节,案件裁判结果形式化与环境问题处理复杂化相冲突等。究其原因在于规则之弊及运行之需等多方影响因素的制约。建议从规制建构与审判实践两个层面设计对策:尝试从拓宽案件线索来源、明确行政机关履职标准及优化裁判类型等方面进行有针对性的完善。

An Empirical Study of the Environmental Administrative Public Interest Litigation Based on 185 Samples of Judgement Documents in 2020: the Identification, Dilemma, and Solution

The unique operation logic and content construction of environmental administrative public interest litigation make it have a unique functional positioning. Through the multi-dimensional summary of 185 environmental administrative public interest litigation judgment documents in 2020, it can be found that the current environmental administrative public interest litigation in China is characterized by high success rate of procuratorial organs, major proportion of ecological environmental pollution cases, and large number of administrative omission cases. Due to the heavy and complex judicial reality of environmental cases, there are still many problems in the trial practice, such as the deviation of the single source of the cases from the diversification of the reality, the ambiguity of performance standards in cases and the unification of judicial trial standards, and the conflict between the formalization of case judgment results and the complication of handling environmental problems. The reason lies in the disadvantages of the rules and the operation of the various influencing factors. It is suggested to design countermeasures from the aspect of regulation construction and trial practice, respectively; in this sense, therefore, this paper attempts to provide suggestions to imrpove the status quo from the following aspects, namely, broadening the sources of case clues, clarifying the performance standards of administrative organs, and optimizing the types of judgment.