The People's Procuratorate Of Kam Ping County Did Not Perform The Statutory Duty Case Analysis

A new regulation is added to article 25 of the administrative procedure law,which was amended on July 1,2017,the people's procuratorate in perform their duties according to the ecological environment and resources protection,food and drug safety,protection of state-owned property,transfer of state-owned land access,and other fields the administrative organs responsible for the supervision and management of illegal exercise their functions and powers or inaction,where the interests of the state or the public interest are infringed upon,the procuratorial proposal of the administrative organ shall be submitted to the administrative organ for the performance of its duties according to law.If the administrative organ does not perform its duties according to law,the people's procuratorate may support the prosecution.The increase of this regulation marks the initial establishment of environmental administrative public interest litigation system in China,however,it only makes clear that the people's procuratorate can appeal the lawsuit because the administrative organ does not perform its duties according to law,which causes some practical problems to challenge relevant theories such as administrative public interest litigation.This paper analyzes the cases of JinPing county environmental protection bureau to perform statutory duties,generalize and collate the controversy,and then discusses the idle at kam screen county environmental protection bureau statutory duties due to the environmental protection is the cause of loopholes in management system and internal supervision and failure,the masses participate in ways not unobstructed,lack of administrative law enforcement force leads to many problems such as environmental administrative law enforcement,in order to motivate law enforcement authorities to actively exercise the right of enforcement,based on the " restraint in administration" proposed by professor Cui Zhuolan,it's proposed that the higher authorities can keep abreast of the vertical management of the subordinate organs and the innovative supervision mode and the means of change and punishment,therefore,the environmental administrative law enforcement agencies are encouraged to act actively to solve the problem of environmental pollution,the problem of fast,accurate and cruel,effectively eradicated the phenomenon of the undead.And in practice,Although it is recommended as a pre-procedure for environmental administrative public interest litigation,But it did not play it's part,environmental protection departments and related enterprises have not given due attention to such supervision,the result is that ignoring and not replying becomes the norm,the environmental problems were dragged into lengthy proceedings,this further delays the best time for environmental governance.The reason is that the weak power of the procuratorial suggestion and the lack of the law are the result of many problems such as low level and incomplete content setting,therefore,the article puts forward the provisions of the people's procuratorate organization law to increase the procuratorial suggestion to improve the coercive force,meanwhile strengthen the safeguard measure of procuratorial suggestion in administrative supervision,in order to make up the shortcoming of the procuratorial suggestion in practice,we should cooperate with and improve the way of supervision in the previous post and the solution of strengthening relief.In addition,for environmental administrative public interest litigation better development,It also avoids the prospect of procuratorial agencies looking at the worst,through the analysis of the views of scholars,and combined with the other objective factors,promoting public welfare organization environment administrative public interest litigation plaintiff qualification,and thus increase the scope of the plaintiff main body,to protect the environment and the social public interest to increase a barrier.