Research On The Issues Of Pre-litigation Procedures Of Environmental Administrative Public Interest Litigation In China

Realizing the protection of China’s environment and resources through public interest litigation by the procuratorial organ as the plaintiff is an important innovation system in China.The important practice of its pre-litigation procedure has played a huge role,especially in administrative public interest litigation.From the beginning of the trial in 2015 to the promulgation of judicial interpretation in 2018,the system of public interest litigation filed by procuratorial organs has been tested by the pilot and maximized the effectiveness of the pre-litigation procedure in the case.The pre-litigation procedure is unique in China.A characteristic system has a special status and significance in the field of protecting the ecological environment.Therefore,this paper is devoted to the research of administrative public interest litigation in the field of ecological environment,focusing on the pre-litigation procedure,and taking the effectiveness of the pre-litigation procedure as the starting point and end point.This article is mainly divided into the following five parts.The first part is about the legitimacy of pre-litigation procedure setting,mainly including the theoretical basis of pre-litigation procedure setting and its existing value function.The theoretical basis of pre-litigation procedure setting is mainly decentralization and checks and balances The principles,the principle of unification of powers and responsibilities and the principle of paying attention to efficiency fully demonstrate the root cause of the pre-litigation procedures that procuratorial organs need to perform before filing an administrative public interest litigation.Among the value functions it produces,one is to promote administrative organs to perform their duties according to law,the other is to save environmental judicial resources,the third is to provide timely protection for the relief of environmental public interests,and the fourth is to facilitate a balanced relationship between administration and procuratorial power.The second part of this article defines the pre-litigation procedures for environmental administrative public interest litigation in China,mainly through comparison with some adjacent concepts,such as its difference from the pre-procedures of administrative review and the pre-litigation procedures of civil public interest litigation There are also aspects of the relationship between pre-litigation proceedings and the filing of a lawsuit.In addition,compared with several similar systems outside the territory,such as Japan’s pre-litigation monitoring procedure,the U.S.pre-litigation notification procedure,and German restrictions on prosecution conditions,we can see that the special nature of China’s pre-litigation procedure lies in our procuratorial organ Legal supervision of environmental law enforcement by administrative agencies.The third part mainly introduces the situation of the pre-litigation procedure in China’s legislation and judicial practice,relying on the work report of the Supreme People’s Procuratorate and the real data released by the provinces and cities.The focus of this article is on the fourth and fifth parts of the article.In view of the problems existing in the various stages of start-up,operation and protection before the lawsuit,some specific suggestions are given.