(1.东南大学法学院,江苏 南京211189;2.河海大学法学院,江苏 南京211100)
(School of Law, Southeast University, Nanjing 211189, China)
Judicial activism plays a positive role in the operation of environmental administrative public interest litigation system by bringing justice closer to social vulnerable groups, improving the level of judicial protection of vulnerable groups, promoting the cooperation between various departments in litigation and improving the effectiveness of public interest litigation system. However, from the perspective of purpose, economic benefit, power balance and effectiveness, judicial activism in environmental administrative public interest litigation may also have the potential risks of deviation of public litigation purpose, inadequate use of judicial resources,destruction of power balance system and excessive pursuit of symbolic meaning.Based on this, the resolving path can be designed by strengthening the application of litigation procedures, making a strict distinction between judicial activism and public interest litigation, restricting judicial adventurism strictly and pursuing the balance between judicial activism and administrative autonomy, so as to finally promote the coordination between judicial activism and environmental administrative public interest litigation system.
孙海涛,宋欣然.司法能动视角下环境行政公益诉讼制度运行的风险与对策[J].河海大学学报(哲学社会科学版),2022,24(5):117-126.(. Risks and Solutions of Judicial Activism in the Operation of Environmental Admininstrative Public Interest Litigation System[J]. Journal of Hohai University (Philosophy and Socail Sciences),2022,24(5):117-126.(in Chinese))复制