The Dilemma And Breakthrough Of Procuratorial Suggestions Before Environmental Public Interest Litigation

It is an important embodiment of the value of environmental public interest litigation system to solve the problem of infringement on environmental public welfare through the suggestion of prosecutorial before environmental administrative lawsuit.The procuratorial suggestion before the environmental administrative public interest litigation is to urge the procuratorial organ to take the initiative to correct and perform his duties and save the judicial resources before initiating the environmental administrative public interest litigation,first putting forward the pre-lawsuit prosecutorial suggestion to the supervised administrative organ.The way of supervision to improve the quality and effectiveness of handling cases.Prior to environmental prosecution,procuratorial advice plays an irreplaceable role in respecting administrative self-control and promoting social harmony.It is also a powerful starting point for procuratorial organs to highlight their legal supervision functions and promote their legal supervision status.Have an independent position of equal importance to the proceedings.Environmental administrative public interest litigation is the opening of the new system for our country,all aspects are still in the initial stage,there are many legal gaps,the system is not perfect.At present,the sources of clues to cases proposed by the procuratorate before environmental litigation are limited,and mainly rely on criminal cases to obtain clues.Under the background of the transfer of anti-corruption and anti-malfeasance departments of the procuratorial organs,the civil administrative procuratorial departments should strengthen their contacts with the relevant organs.(B)Inter-departmental collaboration to open up new referral mechanisms for cases;In order to ensure the procuratorial organs to investigate and verify the facts and evidence in the pre-lawsuit procedure,and to issue the pre-complaint procuratorial recommendations accurately,it is necessary to give the procuratorial organs a certain right of compulsory measures in law.The object of the procuratorial proposal before litigation is that the administrative organ "does not perform the legal duty".As long as it is recognized as "failing to perform the legal duty",the procuratorial organ will initiate environmental administrative public interest litigation.In the identification standard,the behavior-oriented standard focuses on the procedural review of the administrative act itself,and the result-oriented standard requires the administrative organ to completely restore the damaged environmental public interest due to the failure to perform its statutory duties.In order to save judicial resources and highlight the value of prosecutorial suggestions before litigation,we should adopt the behavior-oriented standard in order to save judicial resources and highlight the value of prosecutorial suggestions before litigation.In order to urge the administrative organs to perform their duties in accordance with the law,it is necessary to improve the pre-lawsuit procuratorial recommendation system,effectively supervise the administrative organs not to perform their legal duties,and fundamentally avoid damage to the environment.Safeguard the public interest of the environment.