Study On The Prepositive Procedure Of Procuratorial Environmental Administrative Public Interest Litigation

The establishment of environmental administrative public Interest litigation and litigation pre-procedure system by procuratorial organs as the main body is an active exploration of solving the current environmental public welfare problems in China.The preposition procedure is a necessary form element before the procuratorial organ formally puts forward the lawsuit to the People's Court,at the same time,it also has the function of urging the administrative organ to correct it,Environmental problems arising from the development of the economy can be mitigated and improved,is of great significance for promoting the construction of social rule of law.However,the provisions of the pre-procedure of environmental administrative public interest litigation in our country are very limited,and many problems and inadequacies are exposed in the course of the actual operation of the system.At present,China's formal legislation already has the relevant provisions of the public interest litigation system,but the legislative system is not perfect,the procuratorial organs in the pre-procedure of filing environmental administrative public interest litigation there is a lack of rigidity of the prosecution proposal,the preprocedure in practice there is too principled legal norms,The procuratorial organs lack the judgment standard for the administrative organs' rectification,the lack of legal basis and evaluation criteria for follow-up supervision,and the lack of close connection between the pre-procedure and the procedure.Based on the above-mentioned problems,it is necessary to improve the quality of the procuratorial recommendations in the light of foreign experience and China's national conditions,and then strengthen the binding force of the procuratorial recommendations by clarifying the legal consequences of the administrative organs' failure to comply with the procuratorial recommendations,and suggesting that the "recommendations" of the procuratorial recommendations should be clarified.Focus and clarify the standard of judgment of the procuratorial organs on the performance of the functions of the administrative organs after issuing the procuratorial recommendations,and also ensure the consistency of the "focus" of the procuratorial recommendations in the pre-procedure with the claims in the proceedings,and strengthen the interface between the pre-procedure and the proceedings by setting the period of prosecution,At the same time,it is also suggested that some special environmental problems can be prosecuted without pre-procedure,and the internal and external auxiliary practice environment of the procuratorial organs should be optimized.In this way,we can give full play to the social value of the pre-procedure of administrative public Interest Litigation in procuratorial environment,and promote the progress of socialist civilization ruled by law.