环境行政公益诉讼中“不依法履职”的标准认定

Standard Determination of “Failure to Perform Duties in Accordance with the Law” in Environmental Administrative Public Interest Litigation

摘要: 环境行政机关与环境破坏问题有着直接的联系。而环境利益受到损害时，可能引起检察机关对环境行政机关提起诉讼，至于行政机关应不应该负责，关键判断其是否履行了职责。在司法实践中，因法律规定与现实情况之间的差异，导致“不依法履行职责”的认定标准不统一，法律职责的认识存在分歧。因此，笔者建议应当树立权责统一，科学合理地履行期限，同时确立好复合模式，即“行为标准”和“结果标准”相结合的模式来明确行政机关职责的履行，从而更好地发挥环境行政公益诉讼对保护环境的重要作用。

Abstract: There is a direct connection between environmental administrative agencies and environmental destruction issues. When environmental interests are harmed, it may lead to the procuratorial organs filing lawsuits against the environmental administrative organs. As for whether the administrative organs should be responsible, the key is to judge whether they have fulfilled their duties. In judicial practice, due to the difference between legal provisions and actual situations, the criteria for determining “failure to perform duties in accordance with the law” are not unified, and there are differences in the understanding of legal responsibilities. Therefore, the author suggests that a unified system of rights and responsibilities should be established, with a scientifically reasonable deadline for performance. At the same time, a composite model should be established, which combines “behavioral standards” and “outcome standards” to clarify the responsibilities of administrative agencies, in order to better play the important role of environmental administrative public interest litigation in protecting the environment.