论违法行政行为类型化的预防性环境行政公益诉讼OA

Preventive environmental administrative public interest litigation,as an institutional innovation in risk social governance,was confirmed to play an important role in regulating administrative risky acts and preventing ecological environmental damage.Through the analysis of typical cases in China,illegal administrative acts were classified into two categories:active illegal acts and inactive illegal acts.By this means,the abstract prevention principle was transformed into identifiable and operable specific behavioral modes,which was regarded as an essential stage for institutional improvement.Nevertheless,many dilemmas were exposed in current preventive environmental administrative public interest litigation,including the absence of preventive legislation,ambiguous identification criteria for illegal administrative acts,and insufficient supervision over administrative acts.In view of the structural defects of the"Ecological Environment Code(Draft)"in multi-cooperative governance,three optimization suggestions were put forward:legal norms were established,types and identification criteria of illegal administrative acts were formulated,and pre-litigation procedures were improved to strengthen supervision functions.Accordingly,the institutional efficiency of preventive justice in environmental risk governance was comprehensively improved.