Procuratorial Organs Raise Environmental Administrative Public Interest Litigation

Administrative public interest litigation has been the subject of much discussion in academic circles in recent years.Under the guidance of the concept of socialism with Chinese characteristics in the new era,the establishment of the system means the progress of judicial reform in China.In this article,I mainly use case analysis,empirical analysis,literature analysis and comprehensive analysis,with "China net written judgment" and "magic weapon of Peking University" two big law database for the case to find the source,procuratorial organs and the public welfare lawsuit as keyword search,for the new "administrative procedural law" after the implementation of the case system analysis,sum up experience,find the existing problems and puts forward his own opinions on the correlative question,can guarantee on the research methods and research content of novelty and innovation.This article has five parts,the first part mainly writes the source and overall characteristics of the 220 cases studied in this article;the second part is the theoretical basis,mainly including the origin,concepts and characteristics;the third part mainly combines the retrieved cases around the defendant,The burden of proof,the duration of prosecution and the type of judgment are analyzed in four parts;the fourth part is mainly based on the analysis of the current situation of the case,and puts forward the problems in judicial practice.Unreasonable distribution of responsibilities,different prosecution time limits in judicial practice and other issues;Part V mainly provides targeted opinions and suggestions on the problems found,such as clearly specifying the qualifications of defendants at various levels of local people's governments and increasing the length of prosecution And the clear definition of the starting point and the specific judgment of performing duties.Through the discovery of problems,analysis of problems and resolution of problems,the procuratorial organs have filed for the development of environmental administrative public interest litigation.