Research On The Investigation And Verification Power Of The Procuratorate In Environmental Administrative Public Interest Litigatio

In order to avoid the "tragedy of the commons" in the field of environmental protection,and to better protect national interests or social welfare through litigation,environmental administrative public interest litigation has emerged in my country.At present,environmental administrative public interest litigation can only be initiated by the procuratorial organ.Environmental administrative public interest litigation accounts for the highest proportion of administrative public interest litigation,and is the most typical and unique.Due to the late advancement of environmental public interest litigation in my country,previous studies on the power of investigation and verification by procuratorial agencies have mainly focused on the three areas of criminal,civil and administrative litigation.There is not much research on issues related to the power of investigation and verification by procuratorial agencies in environmental administrative public interest litigation.First,study the theoretical basis,legal basis and practical support of the procuratorial agency’s investigation and verification power in the procuratorial environmental administrative public interest litigation,study the basic principles and value goals that need to be adhered to and grasped in the optimization path of the investigation and verification power,and straighten out the relevant concepts in the system Power boundaries,clarify the theoretical and practical basis for the design of the system,and thoroughly analyze the rationality and legitimacy of the procuratorial agency’s investigation and verification power optimized allocation in the procuratorial environmental administrative public interest litigation.Then systematically study the implementation status of the investigation and verification power of the procuratorial agency in the field of environmental administrative public interest litigation and the outstanding problems in its operation,and grasp the crux of the problem,which can not only provide a path for improving the optimization of the investigation and verification power of the procuratorial agency in the environmental administrative public interest litigation.Strong practical support can also be used to provide a legal and practical basis for procuratorial organs to effectively use the power of investigation and verification when they initiate administrative public interest litigation in other fields,so as to achieve the goal of promoting system improvement through practice,and ultimately to build a Chinese characteristic Administrative public interest litigation procuratorial organs provide path options for the investigation and verification power operation system.In addition to the introduction and conclusion,this article is composed of four main parts,including:The first part mainly introduces the basic issues of investigation and verification power of environmental administrative public interest litigation procuratorial organs.It mainly includes four sections.The first section focuses on the definition,nature and legal characteristics of the investigation and verification power of the environmental administrative public interest litigation procuratorial agency.The second section focuses on the legitimate basis for the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,including theoretical basis,legal basis,and practical basis.The third section focuses on the analysis of the powers related to the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,and the comparison is made from the two perspectives of the procuratorial agency’s internal and external comparisons.Through the introduction of this chapter,the power of investigation and verification of environmental administrative public interest litigation procuratorial organs is a typical representative in public procuratorial public interest litigation.Research and improvement of the power of investigation and verification of environmental administrative public interest litigation procuratorial organs is of great practical significance for optimizing the power of public interest litigation procuratorial investigation and verification.Theoretically lead to the necessity of research on this topic.The second part focuses on explaining the functional value of the power of investigation and verification by the procuratorial organ of environmental administrative public interest litigation.It mainly includes two sections.The first section emphasizes the procedural value of the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,including the initiation of the case filing procedure,the performance of the pre-litigation procedure,and the initiation of public interest litigation.Section 2 highlights the substantive value of the power of investigation and verification by the procuratorial agency in environmental administrative public interest litigation,including the realization of necessary investigations and evidence collection and the establishment of the basic conditions for filing a case;strengthening the rigidity of procuratorial suggestions and supervising the performance of duties before litigation;ensuring the accuracy of prosecution standards and preventing the abuse of judicial power;Obtain the result of winning the case and achieve the goal of maintaining public welfare.This chapter focuses on the procedural value and substantive value of the investigation and verification power of the environmental administrative public interest litigation procuratorial agency.It mainly examines the practical necessity of the investigation and verification power in the environmental administrative public interest litigation from the perspective of judicial practice.The urgency of the topic research.The third part focuses on the practice of investigation and verification power of environmental administrative public interest litigation procuratorial organs.It mainly includes three sections.The first section explains the current status of the investigation and verification power of environmental administrative public interest litigation procuratorial organs,including the types of cases where environmental clues account for a high proportion;in terms of initiation methods,the proportion of initiation based on authority is high;and in terms of investigation measures,non-rigid means account for a high proportion;In terms of the type of evidence,all types of evidence are comprehensively collected;in terms of the effect of application,cases of losing a lawsuit happen from time to time.The second section introduces the practical dilemma of the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,including the arbitrariness of the initiation of the investigation and verification power;the conflict between the investigation and verification power and the private benefit remedy;the scope and standards of the investigation and verification power are different;Cooperate with no rigid measures.The third section focuses on the analysis of the dilemma of the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,including the incomplete legal provisions and failure to meet the needs of case handling;lack of system operation norms,and the collection of evidence has been questioned;single investigation and verification means,increasing the risk of losing the case;The investigative nuclear power is weak,and the professionals are obviously lacking;the rigid means are prominently insufficient,and the supervision and control methods are absent.This chapter is rich in content and introduces in detail the current operating status of the environmental administrative public interest litigation procuratorial agency’s investigation and verification power,the existing practical difficulties,and the analysis of the reasons for the current status of the operation,etc.,to provide practice for the next chapter to improve the environmental administrative public interest litigation procuratorial agency’s investigation and verification power support.The fourth part focuses on the conception of the optimization path for the investigation and verification power of the environmental administrative public interest litigation procuratorial agency.The chapter is divided into two sections in total.The first section introduces the four basic principles of the environmental administrative public interest litigation procuratorial agency’s investigation and verification power,including the principle of statutory powers and active judicial consideration,the principle of coordination between public welfare purposes and the protection of private interests,the principle of comprehensive objective and limited necessary balance,external supervision and internal control Pay equal attention to principles.The second section explains the four major mechanisms in the specific optimization path of the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,including improving the legislative guarantee mechanism for the investigation and verification power of the environmental administrative public interest litigation procuratorial agency,and improving the operation standard mechanism for the investigation and verification power of the environmental administrative public interest litigation procuratorial agency.,Improve the enforcement mechanism of environmental administrative public interest litigation procuratorial agency’s investigation and verification power,and improve the supervision and restriction mechanism of environmental administrative public interest litigation procuratorial agency’s investigation and verification power.