Research On The Pre-litigation Procedure Of Environmental Civil Public Interest Litigation Filed By Procuratorial Organs In China

In our country,the system of the environmental public interest litigation filed by procuratorial organs was established,by the standing committee of the National People's Congress in the form of law amendment,after the top-level design,legal authorization,first pilot and other links.Environmental public interest litigation is an important part of China's environmental public interest litigation system.In the pilot stage,the procuratorial organs have brought the special and necessary precautionary procedure of environmental public interest litigation to play its due function,which fully proves the necessity and feasibility of the procedure.The pre-litigation procedure is the law of all kinds of public interest litigation main body have environmental public interest litigation system guarantee,the procuratorial organs through Pre-litigation procedure for the implementation of the program,on the one hand,help to mobilize the enthusiasm of multiple representative subject to participate in environmental protection of public environmental welfare,on the other hand reveals the modesty of the procuratorial organs.The importance and special value function of the pre-litigation procedure,has been fully recognized in the theory and practice of environmental public interest litigation.However,at present,there are still many irrationalities in its rule setting,which need to be further improved.The pre-litigation procedure,although it explicitly stipulates that the prosecution agency should be listed as the bottom-up prosecution entity for environmental public interest litigation,there is a lack of a clear ranking among the various types of environmental public interest representatives who enjoy the right to public-private litigation within the scope of the pre-litigation procedure announcement.Therefore,it often leads to the mutual prevarication or scramble to litigation between the environmental public interest representative bodies,which is harmful to environmental public interest maintenance.In addition,inaccurate positioning of environmental regulatory authorities in pre-litigation procedure in existing environmental civil public interest litigation,which is not conducive to the self-correction of the environmental regulatory authorities who perform their duties,and then it is difficult to achieve effective maintenance of environmental public interests,and is not conducive to the long-term development of environmental public interest litigation system.The existing problems in the pre-litigation procedure of environmental public interest litigation was summarized,and the theoretical basis and value function of the pre-litigation procedure was analyzed by this paper.In the author's opinion,the order of the environmental public interest representative bodies should be clearly defined in the process of perfecting and regulating pre-litigation procedure,as the first choice is legal environmental protection social organizations.The second is statutory environmental authorities.The procuratorial organs may bring a public interest lawsuit in the case of the environmental public interest representative when the lawsuit is initiated.Finally through the specification before litigation procedure process,establish the subject of multiple environmental public interest on behalf of the sequence and clear environment the role of regulatory authorities,before litigation procedure rules for the corresponding perfect from multiple perspectives.Such an arrangement will not only help mobilize the enthusiasm of environmental protection social organizations,but also supervise the environmental regulatory authorities to govern in accordance with the law,and then safeguard the final defensive status of the procuratorial organs as the representative body of environmental public interest.The perfection of the rules in the pre-litigation procedure of the procuratorial organs filed the environmental public interest litigation,which could let the China's environmental public interest litigation system is becoming more and more perfect,and which is in line with the development requirements of environmental protection social organizations in the new era of socialism,which is conducive to the construction of China's multi-environmental governance system.