摘要
囿于现行法对原告资格、受案范围等的限制,行政不作为一旦对公益有所损害,行政诉讼便无济于事。司法实践则先行一步,针对涉及环境公益的行政不作为,W市X区法院在环境公益民事诉讼的判决中确认:案件中不具备诉讼主体资格的行政主体应履行一定的作为义务,承担起环境修复及公益保障的监管责任。
In the traditional law theory, the determination of the administrative omission and the judicial confirmation of its corresponding obligation may only be solved by the administrative litigation system. Due to the problems of the plaintiff qualifications and the scope of accepting cases, once the administrative omission has brought damages to public interests, it is difficult to determine through the administrative lawsuit in practice. However, the judicial practice has tried it in an environmental public interest case of X area of W city. Although the related administrative subject doesn＇t have litigation subject qualification in the case, it still needs to be responsible for the environmental restoration and public security.
出处
《安徽警官职业学院学报》
2012年第4期17-20,共4页
Journal of Anhui Vocational College of Police Officers
关键词
环境公益民事诉讼
行政不作为
行政主体
作为义务
administrative omission
environmental civil public interest litigation
duty to act
