Study On Pre-litigation Procedure Of Environmental Administration Public Interest Litigation

With constantly promoting modernization construction,environmental issues gradually aroused people's attention,in order to avoid the path of Japan pollution again first,solve the problem of environment has become the consensus of all mankind,the establishment of the environmental administrative public interest litigation to a great extent,curbed the worsening environmental problems,effectively promote the environmental protection,has become the most effective judicial ways to solve environmental problems.As a pre-litigation procedure,the pre-litigation procedure is a major innovation,which can not only improve the ability of administrative organs to correct their own mistakes,but also solve environmental pollution problems in a more timely manner,protect the public interests of the environment,and avoid the expansion of losses.Since the implementation of the pre-litigation procedure,the effect has been remarkable,and only a few cases have entered the litigation procedure,which is enough to explain the necessity of the implementation of the system.However,as there is no relevant experience for this measure to learn from,there are still many problems,such as the relevant system design and theoretical provisions are not clear and so on,which are urgent problems to be solved.Article first expounds the environmental administrative public interest litigation procedures before the research background and significance,and for the concept of environmental administrative public welfare lawsuit before litigation procedure,characteristics and related theories are analyzed,and analyze the different with civil environmental public interest litigation,which laid a foundation for the subsequent writing,secondly sums up the legislation of environmental administrative public interest litigation procedure before litigation advance course,at the same time for a nationwide since the pilot program before litigation practice are analyzed,and proved the necessity of the environmental administrative public interest litigation procedure before litigation,during the pilot emerged a lot of typical case,The research on typification of these cases has found that in practice,suchas: "Public environmental welfare is difficult to define,v." difficulties of investigation,prosecution procedures before suggested time limit for the payment of the lack of operability,before litigation procedures set unreasonable and many problems,such as the difficulty of the administrative organ executing standards that environmental administrative public interest litigation before litigation procedure,though effective,but there are still many places need to be perfect,so need to summarizing the successful experience of typical cases and outside the advanced practice,on the basis of The paper takes some feasible Suggestions,such as clarifying the definition standard of "environmental public welfare",improving the right of procuratorial organs to investigate and collect evidence,improving the quality and effect of procuratorial Suggestions,reasonably setting the term of performance of administrative organs,and optimizing the examination standard of performance of administrative organs,so as to promote the development and improvement of the pre-litigation procedure of environmental administrative public interest litigation in China.