The Environmental Administrative Public Interest Litigation Initiated By Procuratorial Organs

Environmental administrative public interest litigation is an important way for procuratorial organs to execute supervision power and protect the environment from damage.It ensures the administrative organs to exercise their power prudently and faithfully.It can find a way out for environmental problems brought by social development and is an important part of public interest litigation.In the pilot projects in various regions,this lawsuit is the focus of the work of the procuratorial organs,accounting for the largest proportion of all types of lawsuits,and has the trend of continuing to expand.Therefore,we should attach importance to the role of environmental administrative public interest litigation,and give full play to its advantages so that the environment can be improved.Environmental administrative public interest litigation is an important way for procuratorial organs to execute supervision power and protect the environment from damage.It ensures the administrative organs to exercise their power prudently and faithfully.It can find a way out for environmental problems brought by social development and is an important part of public interest litigation.In the pilot projects in various regions,this lawsuit is the focus of the work of the procuratorial organs,accounting for the largest proportion of all types of lawsuits,and has the trend of continuing to expand.Therefore,we should attach importance to the role of environmental administrative public interest litigation,and give full play to its advantages so that the environment can be improved.The role of the procuratorate in litigation is similar to that of the plaintiff and the public prosecutor,but neither of them can explain its characteristics in litigation.The emergence of the theory of public interest representative solves this problem and is in accordance with its spirit.In order to safeguard their interests,public welfare representatives include these two points,which can better reflect the special role of the procuratorate.In addition,the procuratorate's participation in litigation is a manifestation of the function of supervision by virtue of legal provisions,which is its proper meaning.However,before litigation,the procuratorate has to go through a legal procedure,which is called pre-litigation procedure,which is also unique to such litigation.The initiation,development and outcome of the pre-litigation procedure are dominated by the procuratorate.When it discovers that illegal acts damage the public welfare,it must investigate and verify.After grasping the preliminary evidence,it can make and issue procuratorial suggestions to the administrative organs.The latter must make corrections after receiving the suggestions and implement the contents of the suggestions effectively.If the administrative organ fails to execute the case,the procuratorate can sue after the expiration of the period,and the lawsuit will begin formally.In the stage of litigation,proof is the key to ascertain the facts and put forward claims,so the distribution of burden of proof is the prerequisite.The strong position of the procuratorate is destined that it can not enjoy the inverted responsibility of the general parties,and it should bear more responsibilities,but it does not mean that it should bear all the responsibilities,or should distribute the responsibilities according to the principle of fairness and fairness.The content of proof of the procuratorate should include the subject of performance,behavior and damage of the administrative organ.Causality and so on.In practice,there are some dilemmas in its proof,such as vague procuratorial suggestions and unclear responsibilities.We should sum up our experience and try our best to solve the current proof dilemma by focusing on the shortcomings.