Research On The Legal Issues Of Environmental Administrative Public Interest Litigation Initiated By Procuratorial Organs

The establishment and development of the public interest litigation system of environmental administration initiated by procuratorial organs successfully complied with the call of environmental protection.While achieving remarkable practical results,there are also many problems,which reveal the shortcomings of the system.For example,in the current litigation,the role of procuratorial organs in litigation is ambiguous,the relationship between rights and obligations is unclear,the role of pre-litigation procedure is weak,the connection with litigation procedure is poor,and the investigation is weak.There are many problems,such as lack of guarantee of evidence-gathering ability,obvious lack of internal autonomy and external coordination ability,and unreasonable allocation of burden of proof between litigants.This article combines legislative provisions and judicial practice since the pilot work,through case analysis,in-depth analysis of the root causes of the problem,to find the inadequacies of legislative provisions,and accordingly put forward the corresponding path selection and system design,hoping to promote the development of prosecution organs to initiate environmental administrative public interest litigation.Firstly,this paper focuses on the limitations of current research on environmental public interest litigation brought by procuratorial organs by Chinese scholars.There are theoretical disputes on the identification of environmental public interest,the role orientation of procuratorial organs,and the distribution of burden of proof between litigants.The author makes a deep analysis of various theories and puts forward relatively reasonable views on the basis,such as according to the nature of procuratorial organs.To clarify the relevant litigation rights,make use of the balanced relationship between judicial power and administrative power to rationally distribute the burden of proof between litigants,etc.Secondly,in view of the newly revised Administrative Procedure Law and the legislative provisions of the Supreme People's Court and the Supreme People's Procuratorate on the Interpretation of Several Questions Concerning the Application of Law in Procuratorial Public Interest Litigation Cases,this paper comprehensively analyses the problems and shortcomings that have been solved by the current law through specific cases,and comprehensively demonstrates that the pre-lition procedure is too formalized to play an effective deterrent role.There are some practical problems,such as the obvious disconnection of litigation procedure,the lack of obvious protection and norms of procuratorial organs' right to investigate and obtain evidence,the lack of internal motivation and poor external coordination of procuratorial organs.Finally,based on the judicial practice of public interest litigation of environmental administration initiated by procuratorial organs,the author makes an analysis of the dilemma in theory and practice and puts forward practical suggestions for improvement,such as establishing the "defense period" for administrative organs to receive procuratorial suggestions,standardizing the identification criteria for administrative organs to perform their duties according to law,guaranteeing procuratorial organs' right to investigate and obtain evidence,and rationally standardizing procuratorial organs.The right to withdraw an action,etc.This paper hopes that through the research on the above hot issues,it can provide useful help for the development of environmental administrative public interest litigation filed by procuratorial organs in China.