The Improvement Of The System Of Environmental Administrative Public Interest Litigation Initiated By Procuratorial Organs

With the revision of the Administrative Procedure Law and the implementation of the "Judicial interpretation of Procuratorial Public interest Litigation cases by the Supreme people's Court and the Supreme people's Procuratorate",the system of administrative public interest litigation initiated by procuratorial organs has been formally established in China.This article carries on the inspection to the present administrative public interest litigation system.Facing environmental problems,the mode of private interest litigation and the mode of administrative means all have limitations;the direction of environmental protection based on the social interests promoting the birth of environmental public interest litigation.Environmental public interest litigation is beneficial,preventive and directed to environmental damage.To a certain extent,it breaks through the theory of "interest of action" in traditional litigation.According to the existing framework,administrative public interest litigation can be divided into three stages: clue discovery stage,pre-litigation stage and litigation stage.In practice,the source of clues about the administrative public interest litigation cases is single,the pre-litigation procedure is rigid,and the procuratorial organ's special status brings obstacles to litigation to a certain extent.In both common law countries and civil law countries,procuratorial organs are not dominant in public interest litigation.The identity of public interest litigation prosecutor makes clear that public interest litigation is a new system which is different from traditional litigation.The procuratorial organ should lead the administrative public interest litigation,which is an expansion of the connotation of the legal supervision power under the premise of legal support.The procuratorial organ should set up a special public interest litigation department to engage in public interest litigation.To bring the discovery of case leads into the scope of the powers and responsibilities of the procuratorial organs,and to attach importance to the collaboration with the administrative organs and ordinary citizens;to set more flexible terms in the pre-lawsuit procedure,and to take the following measures various forms of pre-litigation intervention;according to the different stages of the case to bear different degrees of burden of proof.