Practice and Theoretical Reflection on China′s Administrative Public Interest Litigation System of Food and Drug Safety

LIUYi

Abstract: Food and drug safety belongs to a typical field of social regulation. As a supplementary means of administrative law enforcement, procuratorial public interest litigation can make up for the deficiencies of the existing administrative mechanism and play the role of social co-governance. A quantitative analysis of food and drug safety public interest litigation cases from July 2015 to October 2019 has shown that: the number of cases handled has increased year by year; the number of pre-litigation cases has increased significantly, which is asymmetric with the proportion of litigation cases; the proportion of criminal incidental civil public interest litigation is the highest, followed by civil public interest litigation; the clue sources of civil and administrative public interest litigation cases are different, administrative public interest litigation clues clearly insufficient. On the other hand, from a qualitative perspective, the main body of food and drug safety violations is theso-called "three smalls", namely small workshop, small business and street venders. Although the administrative organs investigate responsibility for violations on principle of objective imputation, there are often blank areas of law enforcement due to insufficient administrative law enforcement force. That is where procuratorial public interest litigation mostly intervene. Principle for subjective responsibility, illegal acts handled include disturbing market order and endangering food and drug safety, while the administrative organs′ violation basically include failure or inadequate performance of their duties. In the future, in order to improve the food and drug safety administrative public interest litigation mechanism, we should fully understand the limitations of administrative public interest litigation, strengthen the cooperation and exchange between administrative organs and procuratorial organs, flexibly adopt suggestions from both organs, and escalate the connection between the two Lawson the basis of distinguishing food and drug safety supervision behavior from market supervision behavior etc, strengthening the connection between the two kinds of litigation.

The Study on Defendants′Losing in Environmental Administrative Penalty Litigation Cases:An Empirical Analysis based on 122 Cases

WUWeixing,ZHOUJiamin

Abstract: The number of administrative litigation cases triggered by environmental administrative penalties has always been the top of all types of environmental administrative litigation cases. Under the background of constitution-based governance, especially since the implementation of the updated "Administrative Litigation Law", environmental administrative penalties are facing stricter requirements and challenges of administrative rule of law, and also stricter judicial review. By analyzing 122 environmental administrative penalty litigation cases that defendants lost, we find that the main circumstances of violating environmental administrative penalties include insufficient main evidence, violation of legal procedures, obvious impropriety, and errors in the application of laws and regulations. As for the specific issues reflected in the cases, the review of environmental monitoring data, the definition of the nature of mandatory environmental administrative actions, the application of the principle of due process beyond "legal procedures", the criteria for judging administrative inactions in administrative public interest litigation, etc., areal worthy of attention and further study in the theoretical and practical field.

Review and Perfection of the Judgment Method of Environmental Administrative Public Interest Litigation

XIAYunjiao,SHANGJiang

Abstract: Environmental administrative public interest litigation plays an important role in promoting the construction of modern environmental governance system and improving the capacity of ecological environmental protection and governance. As what can be drawn from 164 cases in 2019, there are five different types of judgments in environmental administrative public interest lawsuits，which mainly fall in three categories: judgment to perform duty (or continue to perform duty), judgment to confirm the violation of law, judgment to confirm the violation of law and performance of duty (or continue to perform duty).The judgment mode presents five characteristics: the high rate of judgment confirmation of violation, conflicts in the judgment of "confirmation of violation of law and performance of duty", the adoption of continued performance of judgment, the more general performance of duty of judgment, the high winning rate of public interest litigation prosecutors. In order to comprehensively improve the effectiveness of this litigation system, the forms of judgment should be improved from perfecting the pre-litigation procedure and attaching importance to the conciliation system, the rational application of affirming illegal judgment, to only supporting the latter in the "confirm the illegal and perform the duty", to continuing to perform the judgment if the performance of the duty is not in place, to properly clarifying the content of the judgment of performing the duty, and to strengthening the intensity of the review of the procedures and entities.

On Coordination of Environmental Tort Private Benefit and Public Welfare Relief from Perspective of Green Principle

WANGShijin,YANGJingjia

Abstract: The establishment of green principle provides a bridge for the coordination of environmental tort private benefit and public welfare relief. On the basis of the green principle, the Civil Code stipulates the private benefit relief and public welfare relief of environmental infringement. The commonness of the two is that neither constitution of tort requires the perpetrator to have subjective fault; ecological restoration responsibility and the purpose of restitution are to restore the damaged environmental public or private interests to a satisfactory state; likewise, the compensation scope of relief for neither includes the loss of expected benefits. The difference between the two lies in the distribution of articles in the Civil Code, the subjective imputation of the substantive tort and the fictitious tort in the environmental tort, the advantages of the restoration ecological liability and the restoration of the original state in the relief benefit, and the proof of objective illegality of the damage compensation. To coordinate private benefit relief and public welfare relief in environmental infringement, several problems should be dealt with in the application of law: first, the fault liability should be applied to the pseudo-environmental pollution public welfare relief; second, punitive damages can be applied to environmental tort public welfare relief; third, the performance order of restitution is prior to the ecological responsibility of restoration; fourth, the facts identified in the public welfare relief of environmental tort can be applied to the private relief.

An Approach to Real Right of Ecosystem Service Function on the Systematic Interpretation Perspective

WUYu

Abstract: There still are few questions about what is the base of claim right for ecological environment damage compensation and the role of ecosystem service function incivilcode. So, environmental real right should be the base of claim right. Ecosystem service function should be an object of real right. Ecosystem service function is a res in corporales, and it should be monetization. Therefore, the precondition of ecological environment damage compensation is the specialization and quantization of loss of ecosystem service function. It is also the base of claim right. As the object of environmental real right, ecosystem service function includes environmental capacity and natural resources. Based on the systematic interpretation of purpose, definition and principles of real right with the green principle, ecosystem service function could be a kind of real right. And, it could be added into the environmental protection law as an environmental real right.

Convergence of Environmental Governance:Analysis and Reflection Based on Practice of"Forest Chief System"

HULiang

Abstract: In recent years, there has been a phenomenon of convergence of governance models in the field of environmental governance, and the "model" represented by the "Chief System" has gradually spread to other governance areas and has become the dominant mechanism for natural resource management. Through the system practice of "convergence model", it is possible to reduce organizational construction and operating costs, to give play to the advantages of collaborative governance, and to solve key and prominent environmental problems through campaigns. Although certain environmental governance performance has been achieved, in copying and promoting of sample governance cases, there are incidents of defects being copied, excessive reliance on administrative mechanisms, ignoring the participation of social forces, simplifying differences in natural resource endowments, and neglecting local knowledge and other issues, which may cause the "suspension" of the system and affect the performance of environmental governance. Therefore, in the process of achieving convergence of environmental governance, it is necessary to match the shift of the system with the governance field；to adapt to the characteristics of resources when the sample spreads；to allow the old and new models learn from each other；to avoid the shortcomings of the original model. We must also focus on absorbing community-based local knowledge, so as to realize the real landing of the new model and give full play to its strengths.

Impact of Multi-dimensional Environmental Cognition on Consumer′s Environmental Friendly Behavior

WANGJianhua,TOULulu

Abstract: This study analyzes the concept and dimension of environmental cognition on the basis of sorting out relevant literature at home and abroad, and subdivides environmental cognition into environmental cognition, environmental risk cognition and environmental problem severity cognition. In this dimension, environmental affection and environmental responsibility awareness are introduced as mediating variables to construct a theoretical model in which multi-dimensional environmental cognition affects consumers′ environmentally friendly behaviors. The empirical results show that different dimensions of environmental cognition have different paths of impact on environmental friendly behaviors: (1) Environmental protection cognition has no direct effect on environmental friendly behaviors, but it can exert an indirect effect on environmental friendly behaviors through environmental affection and environmental responsibility awareness, among which environmental affection has significant positive effect on environmental responsibility awareness; (2) Environmental risk cognition can directly affect environmental friendly behaviors, or indirectly affect environmental friendly behaviors through environmental affection and environmental responsibility awareness;(3) Environmental problem severity awareness has only a direct positive effect on environmental friendly behavior.

Study on Temporal and Spatial Evolution and Influencing Factors of Eco-efficiency in Yangtze River Delta Urban Agglomeration

ZHANGChangjiang,CHENYuqing,WANGYuxin

Abstract: Improving ecological efficiency is of great significance to promote the coordinated development of economy and environment in The Yangtze River Delta urban agglomeration. By using Super-SBM model and Tobit regression, this paper analyzes the temporal and spatial differentiation characteristics and influencing factors of ecological efficiency of 27 cities in Yangtze River Delta urban agglomeration from 2003 to 2017. It is found that the overall ecological efficiency of Yangtze River Delta urban agglomeration fluctuates slowly, and there are two "V-shaped" trends in the study period. The pure technical efficiency after ecological efficiency decomposition is higher than scale efficiency, and from 2003 to 2013, there was an inverse change between the two. The results show an obvious spatial difference of ecological efficiency in Yangtze River Delta urban agglomeration, with the east higher than the west. The industrial structure, investment in science and technology and population density are significantly and positively correlated with the ecological efficiency of the Yangtze River Delta urban agglomeration; the greening level is significantly and negatively correlated with the ecological efficiency, and the degree of opening up has no significant impact on the ecological efficiency.