Procuratorial Environmental Administrative Public Interest Litigation Research

The Prosecutorial Administrative Public Interest Litigation was successively written in the Administrative Procedure Law and the Procuratorate Organization Law in 2017 and 2018,and the judicial interpretation were made by The Supreme Court and the Supreme Prosecutor's Office.At the end of 2018,the Supreme Inspection carried out the reform of the internal organization,and the Eighth Procuratorate Office was established as a specialized agency for the procuratorial work of the office,providing an organizational guarantee for better fulfilling the duties of the procuratorial public interest litigation.At the National Procurator General Meeting in 2019,Zhang Jun emphasized that it is necessary to promote the comprehensive and coordinated development of the "Four Procursions",and the "public interest litigation" supervision as the fourth major supervisory function of the procuratorate is included in the current and future general legal supervision.Ecological civilization was enshrined in the Constitution.As a branch of administrative public interest litigation,environmental administrative public interest litigation has become an important starting point for the national procuratorial organs to promote the construction of national ecological civilization.The People's Procuratorate insists on active supervision,smart responsibility,and service guarantee to lay a good role in the party and national major strategies such as pollution prevention and control,and the development of the Yangtze River Economic Belt.Establishing a procuratorial environmental administrative public interest litigation system is conducive to the formation of a tripartite joint effort by local governments,procuratorial organs and courts to jointly participate in the protection of environmental public welfare.However,we are also clearly aware that the smooth operation of the system will inevitably face many challenges and difficulties.The academic circles mainly focus on the functional orientation of procuratorial organs in environmental administrative public interest litigation,the development direction of environmental administrative public interest litigation,judicial practice and system construction.Relevant empirical research mainly includes the following questions;the source of environmental public welfare cases is single;the lack of rigidity before the complaints;the environmental administrative organs are difficult to identify in accordance with the law;the burden of proof in litigation is unbalanced;the inherent logic of the second instance and the litigation supervision process is not correct.This paper intends to proceed from the definition of procuratorial environmental administrative public interest litigation and the purpose of legislation,taking the litigation procedure as the research context,clarifying the role of procuratorial organs in environmental administrative public interest litigation,drawing on the extraterritorial procuratorial environmental public interest litigation system,and combining with the reform of procuratorial institutions.The impact of environmental public interest litigation provides specific suggestions for practical issues before,during,and after the lawsuit:first,establish the reporting and uncovering mechanism of citizens and social organizations to broaden the source of case clues;second,establish a rigid investigation and evidence collection system;The applicable standards of conduct examine whether the environmental administrative organ performs its duties according to law;the fourth is to expand the interpretation of the meaning of administrative inaction;the fifth is that the allocation of the burden of proof should distinguish between administrative actions and inaction;the sixth is to transfer the initiation procedure of litigation supervision to the superiors People's Procuratorate.The procuratorial environmental administrative public interest litigation is not purely imported.It must be based on China's policy orientation and cultural traditions,taking into account the requirements of politics and law,and strengthening its rules and design to demonstrate its unique value,thus forming a legalization of environmental public interest.Further forming the legislative and judicialization of environmental public interest.And then achieve stable operation of environmental rule of law.