Research On The Problem Of Prosecution Organ To Propose Environmental Administrative Public Litigation

In recent years,due to the Environmental public interest litigation caused by administrative organ,has had a great social influence.China's environmental public interest litigation started late,the newly revised "administrative procedure law" did not include it.The new environmental protection law,has established the system of environmental public interest litigation,but it has restricted the scope of plaintiff.The party's the fourth Plenary Session of the 18 th CPC Central Committee decision: To explore the establishment of public interest litigation instituted by the procuratorial organs.In order to implement the reform requirements,the Supreme People's Procuratorate issued the reform plan of the public interest litigation of the procuratorial organ.As a new thing,the pilot run time is short and lack of beneficial experience.There are still many problems to be solved.For instance,The functional orientation of the procuratorial organ has not been explained,and there is a risk of the dominant litigation,Narrow scope of accepting cases,the problem of single source on case clues.As well as the pretrial procedure,the operation of the procuratorial suggestion is not clear.This paper studies the origin of public interest litigation and administrative public interest litigation,introduced on the basis of the current situation,the legal basis of procuratorial organs procuratorial organ of our country to bring environmental administrative public interest litigation filed by the environmental administrative public interest litigation,puts forward the theory of environmental administrative public interest litigation is not sufficient,the procuratorial organs internal autonomy and external coordination is not strong,supporting measures for environmental administrative public interest litigation is not perfect and so on.In combination with the prosecution of legal supervision responsibilities on the basis of how the functions and legal basis,the procuratorial organs mention environmental administrative public interest litigation procuratorial organs to improve the relationship between the internal and external coordination and related system and other aspects,this study hopes to make some contribution to the prosecution of environmental administrative public interest litigation.