Research On Procuratorial System Of Environmental Administrative Public Interest Litigation

In order to better safeguard the environmental public welfare and urge the administrative organs to take the environmental responsibility actively,the newly revised Administrative Procedure Law in July 2017 added the provisions of the procuratorial recommendation system of environmental administrative public welfare litigation.The system requires procuratorial organs to carry out the pre-procedure of issuing pre-litigation procuratorial suggestions to administrative organs before initiating environmental administrative public interest litigation.Only when the administrative organs still fail to perform their duties according to law after receiving the procuratorial suggestions,can the procuratorial organs bring environmental administrative public interest litigation to the people's court.Pre-litigation procuratorial suggestion system is an important system innovation in China's environmental administrative litigation.It not only helps to promote the benign interaction between procuratorial supervision power and administrative law enforcement power,but also helps to improve judicial efficiency,reflecting the beauty of the golden mean and harmony in China.However,because the system is still in the initial stage of exploration,the relevant legal provisions and judicial interpretation are not complete,leading to the practice of procuratorial recommendations often appear in the content and form of confusion,the proposed object and administrative organs of the performance standards are not clear,lack of follow-up supervision and other issues,seriously affecting the effectiveness of the system.Based on the above problems,this paper discusses the basic theory,implementation status,problems and rules perfection of the procuratorial suggestion system of environmental administrative public interest litigation on the basis of previous viewpoints and typical cases in practice.The first two chapters mainly focus on the theoretical aspects of the research significance,research status,definition characteristicsand basic principles of the system.The system is introduced in detail in Chapter 3 and Chapter 4.By sorting out the relevant data and cases collected during and after the experiment,the implementation status of the procuratorial suggestion system of environmental administrative public interest litigation in China is discussed,and the great role of the pre-litigation procuratorial suggestion system in environmental administrative public interest litigation is found,and the specific measures taken by various pilot areas are analyzed.The reason for the gap in promoting environmental administrative public interest litigation in the district is to find out the problems existing in the procuratorial suggestion system in practice.At the same time,in view of the relevant provisions of the pre-litigation procedure of environmental public interest litigation in foreign countries,the fifth chapter systematically analyses the relevant provisions of the United States,Japan and Germany,from which we can get the Enlightenment of perfecting the procuratorial suggestion system of environmental administrative public interest litigation in China.Finally,this article elaborates the path to break through the existing problems of the pre-prosecution procuratorial suggestion system from three aspects: refining the relevant provisions of the procuratorial suggestion system,enriching the flexible scope of the administrative organs' performance period,and strengthening the follow-up supervision of the implementation of the procuratorial suggestion system,so as to promote the development and improvement of the system.