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

Since the establishment of public interest litigation systems worldwide,China has also begun to explore the establishment of public interest litigation systems in the1990 s.In 2015,China began to carry out a trial of the administrative public interest litigation filed by the procuratorial organ in the key areas of ecological environment and resource protection.Before prosecuting environmental administrative public interest litigation,procuratorial organs put forward procuratorial suggestions to the administrative organs,and the pre-litigation procedures that urge the administrative organs to perform their duties have attracted much attention because of the good results.The pre-litigation procedures of environmental administrative public interest litigation and the final litigation procedures together play a role in urging the executive authorities to perform their duties and safeguard the public interest of the environment.But the litigation process has the characteristics of modesty,and it should be the last line of defense to safeguard the public interest of the environment.Solving environmental problems in the pre-litigation stage and maintaining environmental public interests are both in line with the judicial philosophy and flexible and efficient.Therefore,the article analyzes the performance of pre-litigation procedures in environmental administrative public interest litigation in systems and practices,finds problems in the pre-litigation procedures,and discusses related improvement methods.Through the analysis of related cases,we can find the problems in the pre-litigation procedures of environmental administrative public interest litigation.First,in the pre-litigation procedure,the recommendations made by the procuratorial organ are not normative;second,in the pre-litigation procedure,the deadline for the administrative organ to perform its duties is rigid;Third,the standards for reviewing the performance of duties by administrative agencies are too strict;These problems have affected the independent value of the pre-litigation procedures of environmental administrative public interest litigation.In the first question,the public welfare litigation proposal only has a relativelystandardized form,and is not normative in terms of content.There are no specific and clear regulations on the standards adopted by the procuratorial organs during investigations,the time limit for the administrative organs to raise objections,and the detailed level of procuratorial recommendations.Procuratorial recommendations are the key to administrative measures to correct illegal behaviors and perform duties.It is of great significance to standardize the content of procuratorial recommendations,introduce hearing procedures,strengthen communication between procuratorial organs and administrative organs,and improve the standardization of procuratorial recommendations.In the second question,due to the limitation of natural environment or other procedures,administrative agencies are unable to perform their duties in full within 2 months.It is necessary to enrich the performance period of administrative agencies,make flexible settings,and make better use of administrative agencies 'Enthusiasm.Regarding the third question,the current procuratorial organ's review standards for the performance of administrative duties are too stringent,and should be combined with the specific measures taken by the administrative agency and the follow-up of environmental issues to explore the establishment of a combination of behavior and results of the review standard.In the fourth question,the procuratorial organ did not understand the rules of the connection between the pre-litigation procedure and the litigation procedure,there was a poor connection between the pre-litigation procedure and the litigation procedure,and the procuratorial organ demonstrated its protection of the public interest in the environment Issues such as the role of aspects,which deviate from the independent value of the pre-complaint procedure,hinder the pre-litigation procedure from playing a role in urging the administrative organs to perform their duties and safeguard the public interest of the environment.In general,although the pre-litigation procedures of environmental administrative public interest litigation in China have considerable practice,there are still many areas in the system operation and practice that need to be improved,and the independent value of the pre-litigation procedures of environmental administrative public interest litigation is implemented.To make up for the gaps in the environmental administrative public interest litigation system will have an important role in China's environmental administrative public interest litigation system.