Procedure Research Of Environmental Administrative Public Interest Litigation By Procuratorial Organs

To explore the procedure design of environmental administrative public interest litigation by procuratorial organs,the key problem is to clarify the relationship between the procuratorial power and the administrative power,the keynote of the program design and the procedural justice as the judgment standard.From the perspective of current institutional form and judicial practice,the administrative public interest litigation system still has its initial stage of development,which needs further exploration.From the perspective of promoting the construction of ecological civilization and strengthening the environmental administrative objectives,it is an important starting point for institutional and institutional reform to supervise environmental administration by judicature.Under the current system framework,the practical dilemma lies in the fact that the scope of the case is not directly stipulated in the "environmental pollution";the role of the parties is in conflict with the requirements of the legal supervisor;only the procuratorial organs have the right to prosecute;the procuratorial organs lack the power to bring up the environmental administrative public interest litigation and so on.In different stages of procedure,procuratorial organs bring different principles to environmental administrative public interest litigation.Under the guidance of the principles of the administrative prepositional and procuratorial final implementation,the positive measures are to make clear the scope of the case,improve the supporting facilities,train the consciousness of the participants,connect the procedures,build the pre suit meeting,and make clear the conditions for the improvement of the pre litigation procedure.Under the guidance of the principle of the unity of public and efficiency,it is an important part of the procedure to examine the legitimacy of the abstract administrative act,to optimize the responsibility of putting to the proof,and to broaden the "negative" action in the procedure.In the end,under the guidance of the principle of goal consistency,the important content of establishing a lawsuit procedure is to refine the supervision procedure,to clarify the subject of compulsory execution,to improve the implementation measures of the administrative nonperformance and to establish the avoidance system of legal supervision.