The Actual Dilemma And Perfect Path Of Environmental Administrative Public Interest Litigation Initiated By Procuratorial Organs

Article 25 of the newly revised administrative procedure law in 2017 rules that the people's procuratorate should submit procuratorial proposals to urge administrative organs to perform their duties in accordance with the law when the administrative organs with supervisory and administrative functions have illegally exercised its functions or failed to act in ecology and environment.If the administrative organ fails to perform its duties according to law,people's procuratorate shall file a lawsuit with people's court according to law.This article clearly entrusts the procuratorial organ with the qualification of plaintiff in environmental administrative public interest litigation,so that the environmental public interest could be fully protected.The environmental administrative public interest litigation refers to the administrative public interest litigation initiated by the procuratorial organ to the court when the environmental administrative organ's disorder act or omission endangers the public interest.This kind of litigation accords with the basic position of procuratorial organ as public prosecution organ and the practical need,but also is the inner need of litigation trust.Thus,theories of public prosecution,power restriction and litigation trust provide theoretical support for it.Nowadays,there are many difficulties during the process of litigation which weakens the procuratorate's security function.In practice of Chongqing,there are many difficulties such as few case clues,no means to stop environmental infringement immediately,no way to do efficient investigation,and incomplete interna.To solve the above difficulties,the procuratorial organs in Chongqing have accumulated rich experience in the practice of this kind of litigation which can provide lessons to the other provinces.Firstly,the sources of case clues are expanded,such as improving the platform for reporting and transferring clues to discipline inspection and supervision organs timely to enlarge the cases which can be prosecuted.Secondly,interest litigation preservation system has been added to curb environmental violations timely.Thirdly,the administrative procedure law is followed and the system of evidence collection is perfected to improve the efficiency of investigation.Then,the supporting guarantee mechanism for procuratorial organs to file environmental administrative public interest lawsuits is improved to give full play to the procuratorial organ's function of protecting the public interests of the environment.