Study On The Procedures Of The Environmental Administrative Public Interest Litigation

The Pre litigation procedure of administrative public interest litigation is the pre procedure that the procuratorial organ must perform before bringing the administrative public interest litigation to the people's court.Pr e litigation procedure has its unique value function,which enables most cases to be properly handled at this stage,not only greatly saves judicial resources,but also plays an important role in urging administrative organs to perform their duties in accordance with the law,and effectively maintains the social and public interests.At present,China's law stipulates that only procuratorial organs can file administrative public interest litigation cases,and other organizations have not been granted the ri ght of action by law,and the settlement of public interest litigation problems not only takes litigation as the center,but also plays an important role in pre litigation procuratorial suggestions.From the perspective of practical operation,the pre liti gation procedure that the public can see and know is mainly the form of sending procuratorial suggestions to the administrative organ,but the work that the procuratorial organ should do in the pre litigation procedure is not only procuratorial suggestions.As a typical top-level design first legal system,the evolution of the pre litigation procedure of environmental administrative public interest litigation is carried out by the top-down cooperation of the legislature and the judiciary.It has gone through the development process from nothing to have,from theoretical conception to practical implementation,from pilot development to legal determination,which highlights its core advantages in the procuratorial public interest litigation system.However,wh ile affirming the pre litigation procedure system,it also found that it faced many problems in the process of judicial practice,such as the lack of unified elements of procuratorial advice,the vague performance standards of administrative organs,and th e serious administrative color of the pre litigation procedure itself.Based on the analysis of the causes of the above difficulties,the paper holds that the reason for the vacancy of the unified elements of procuratorial advice lies in the fact that the broad content of procuratorial advice cannot cover the work requirements,and that the procuratorial advice supervision and verification are not effective and reasonable,so it is necessary to strengthen the case based management of procuratorial advice;t he problem of vague performance standards of administrative organs is due to the absence of the current legal definition,The procuratorial suggestion was mistakenly used as the basis of duty performance,and the setting of duty performance period was also questioned in the academic circle and practice.It was caused by the dispute over whether to adopt the behavior or the result standard for duty performance.Therefore,the relationship between the procuratorial power and the administrative power in the pre litigation procuratorial suggestion should be handled correctly.According to the special circumstances of environmental cases,the pre litigation hearing system should be adopted in time to adjust the duty performance period and judge the duty performan ce The standard of conduct should be adopted;the serious problems of the administrative color of the pre litigation procedure are mainly due to the obvious one-way structure of the pre litigation procedure,the failure to see the good legal effect of the pre litigation procedure and other reasons,and the traditional administrative mode of handling cases can not adapt to the development of practice.Therefore,the appropriate judicial reform of the pre litigation procedure should be carried out,and the re latively independent power of handling cases should be given to the prosecution At the same time,we should strengthen the objective and fair legal status of the procuratorial organ in order to maximize the benefits of the pre litigation procedure of environmental administrative public interest litigation.