Conditions For Procuratorial Organs To File Environmental Administrative Public Interest Litigation

"Beautiful China" is a strategic requirement made by the country in the construction of ecological civilization,and the environment,as the criterion of ecological civilization,will be placed at the forefront of reform.At the same time,the construction of ecological civilization requires the protection of justice,and "workers must first sharpen their tools if they want to do their best".Therefore,it is particularly important to clarify the conditions for filing environmental administrative public interest lawsuits.The newly revised "Administrative Procedural Law of the People's Republic of China" in 2017 provided for the administrative public interest litigation system,ending the previous pilot work of administrative public interest litigation and bringing it into the normal operation mode.This also marks the formal establishment of a dual-scale environmental public interest litigation,which includes both environmental civil public interest litigation and environmental administrative public interest litigation.After several years of development,the environmental administrative public interest litigation system has accumulated a wealth of practical samples and has a good development trend.However,the environmental administrative public interest litigation system still has many problems in the legal text and the operation of judicial practice,especially the issue of the conditions for prosecution by the procuratorate.Although the legislation stipulates the conditions for initiating the environmental administrative public interest litigation system,that is,in the pre-litigation procedure stage,the initiation condition is that the administrativeagency is inadequate to perform its statutory duties,causing environmental public interests to be violated;It is still negligent in performing its duties,so that the environmental public interest is still infringed.However,the provision is too general,which has led to different local procuratorial organs instituting different standards for environmental administrative public interest litigation.Therefore,further refinement criteria such as the inaction of administrative organs at different stages,their neglect to perform their duties,and the degree of environmental public interest infringement need to be further improved.The clearer the law provides,the easier it will be to enforce its provisions.Based on the integration of environmental administrative public interest litigation cases in recent years,this article selects three typical cases for analysis and comparison,especially the administrative agency's inadequate performance or inaction in the pre-litigation stage,and the definition of environmental public interests.The detailed study of the problems is carried out with a view to clearly raising the standard issues of the conditions to better realize the legislative value of the environmental administrative public interest litigation system.In addition to the introduction and conclusion,this article is divided into three chapters.The first chapter is "the introduction of the case and the focus of the dispute." This chapter mainly introduces the basic situation and judgment results of the three cases and summarizes three common dispute points based on the integration of the three cases' dispute points.The second chapter is "legal analysis".This chapter is a jurisprudence analysis of the three controversial points reflected in the three cases.The first focus of the article was whether the defendant was neglecting to perform his supervisory and management duties and infringed upon the public interests of the environment.The second focus of the article was whether the prosecutor's recommendations issued by the procuratorate were consistent with legal procedures;the third focus of the article was the administrative agency Whether the relevant responsibilities have beenperformed in a comprehensive and responsible manner after receiving the procuratorial recommendations,and whether the public interest of the environment is still in the state of being infringed.It analyzes legal texts and judicial practice through issues such as whether administrative organs are not performing their duties,defining the scope of environmental public interests,and determining the standards of environmental public welfare infringement.The third chapter is "perfect suggestions".The author draws relevant conclusions through the analysis of the case,and puts forward reasonable suggestions based on the experience in practice,in order to improve the provisions on the conditions for filing in the environmental administrative public interest litigation system.