Research On The Environmental Administrative Public Interest Litigation In Procuratorial Organs

The traditional administrative litigation is to maintain the subjective litigation of private interests.At present,the environmental administrative public interest litigation initiated by the procuratorial organs in our country is carried out in order to protect the environmental public interest and promote the objective litigation under the law.In order to establish a sound environmental administrative public interest litigation,we must first understand the concept of public interest litigation and environmental administrative public interest litigation.At the same time,we must understand the main characteristics of environmental administrative public interest litigation to distinguish it from other lawsuits,and analyze its institutional functions to clearly establish the role of environmental administrative public interest litigation.It is true that after the two laws jointly issued a judicial interpretation,the environmental administrative public interest litigation system initiated by the procuratorial organs was further improved.However,there are still some inadequacies.These deficiencies mainly include: difficulty in finding case clues;lack of guarantees in the effectiveness of procuratorial advice;the criteria for “administrative inaction” after procuratorial advice is to be clarified;investigation and evidence collection by procuratorial organs is difficult;the statute of limitations for statutes is unreasonable;The rules of jurisdiction are unreasonable.Although there are still many problems in the environmental administrative public interest litigation as a new type of litigation,the procuratorial organs in various regions,under active exploration,have resolved the difficult problems in practice and formed valuable practical experience.For example,prosecutors around the country have explored the sources of multiple paths to open up cases.For example,Changle City's procuratorial organs made innovations in the follow-up mechanism for procuratorial advice,and effectively solved the problem that the executive authorities failed to implement procuratorial suggestions in a round-table meeting.Another example is the Huai Shang District Procuratorate of Handan City,which is not clear about the criterion of “administrative inaction” after the prosecution's recommendation,and combines the actual circumstances of the case to provide two judgement standards that can be used for reference and promotion in judging the administrative inaction of the administrative agency.In addition,Guizhou Province has also carried out centralized jurisdictional innovations in its jurisdictional model.From the initial trial to the present,the environmental administrative public interest litigation has been gradually improved step by step,and a complete system construction cannot be solved without modification in the construction process.Although there are still many problems in the environmental administrative public interest litigation filed by the procuratorial agency,combined with practical experience,many perfect methods can be found,including: broadening the source of the case from the inside and the outside;clarifying the content of the procuratorial advice and constructing the follow-up mechanism after the procuratorial advice;The criteria for the determination of administrative inaction after the prosecution proposal;the procedures for investigating and obtaining evidence;the prolongation of the statute of limitations,the clear starting point,and the influence of the reply period of the procuratorial proposal;and the revision of the regulations governing the level of jurisdiction and geographical jurisdiction.