An Empirical Study On The Pre-litigation Procedures Of Environmental Administrative Public Interest Litigation

At present,as the only qualified prosecution body in China's administrative public interest litigation system structure,the number of environmental administrative public interest prosecution cases accepted is rapidly increasing,and most of them are closed in the pre-litigation procedure.Since the pilot,pre-litigation procedures have played an increasingly important role in advising and urging environmental regulators to correct environmental violations,restore public welfare,and conserve judicial resources.It has become an important way to obtain judicial relief for damaged environmental public welfare,and plays an important role in environmental administrative public welfare litigation.However,as a completely new system exploration,the pre-litigation procedure has also exposed some problems to be solved in practice.Through analysis and comparison of statistical data and typical cases,the article discusses the difficulties in its implementation and makes targeted suggestions.The first part is to discuss the theoretical characteristics of the pre-litigation procedure of administrative public interest litigation,and summarizes the four stages of the development of the pre-litigation procedure system in China.The main features of the procedure are: advance application,particularity of the method,non-mandatory effect and specificity of the object,and further explore its relationship with the litigation procedure.Second,through the analysis of data and cases,the issue of clue distribution,case scope,and development trends of environmental administrative public interest litigation,especially pre-litigation procedures,was discussed.It is concluded that the pre-litigation litigation cases mainly include water pollution,solid waste pollution,co-existence of multiple pollution,destruction of mineral resources,environmental pollution,and destruction of resources.It also studies the implementation of prosecution recommendations and the determination of administrative inaction.The third is to explore the problems in the pre-litigation procedure by combing the legal provisions and combining case analysis.The main problems are limitedsources of case clues,weak effectiveness of procuratorial suggestions,unclear standards for performing duties and division of responsibilities,and failure to timely change or cancel prosecutions.The above problems have been classified and demonstrated.On this basis,the following suggestions are put forward: first,establish the mechanism of clue discovery and report,and give the means of compulsory investigation to effectively discover and verify the clues;second,reform and improve the procuratorial suggestions,strengthen the tracking and asking effect,and improve the quality of procuratorial suggestions;third,adopt the form and substantive standards,reasonably determine the time limit for the performance of duties,and clarify the performance of duties and the standard and responsibility of administrative organs;the fourth is the docking of prosecution,to achieve the organic connection between pre litigation procedure and litigation procedure.