Research On The Connection Of Pre-litigation Procedure And Litigation Procedure In Environmental Administrative Public Interest Litigation

In the new era of comprehensively advancing the "Green Water and Green Mountains Concept",The pre-litigation procedure and litigation procedure of environmental administrative public interest litigation are two "sharp swords" in the hands of the prosecutors.they play an irreplaceable and vital role in the protection of environmental public interest and the supervision and improvement of administrative power.However,since the implementation of the pilot program for six years,there are still many problems in the operation of the environmental administrative public interest litigation.Including the connection between the pre-litigation procedure and the litigation procedure.The connection process refers to the intermediate process from the pre-litigation procedure to the litigation procedure,and its smoothness is related to the effectiveness of the whole environmental administrative public interest litigation.Starting from the practice of environmental administrative public interest litigation in China,this article comprehensively considers the dilemma faced by faced by procuratorial agencies and administrative agencies respectively,integrates the existing domestic research views and combines with the relevant experience abroad,puts forward some innovative operational suggestions.Hoping to provide theoretical support for practice.On the whole,this article first introduces the concept of the connection between pre-litigation procedure and litigation procedure in environmental administrative public interest litigation,exploring and explaining the theoretical basis of the connection between the pre litigation procedure and the litigation procedure,emphasizing the significance of the connection between the pre-litigation procedure and the litigation procedure.In addition,it also introduces the four major theories that should be based on the connection process: the Principle of Efficiency,the Principle of Public Interest,the Principle of Power Restriction,and the Principle of Exhaustive Administrative Relief,and the role of these principles play in the process of the connection and How to affect the process of the connection.Then,it expounds the current situation of the convergence of environmental administrative public interest litigation in China,and tries to find the problem through the analysis of the convergence status.Then,through case analysis,field research,and data analysis,I think about the issues of connection subjects,prosecution standards,prosecution content,evidence connection,and coordination between systems in the process from pre-litigation procedure to litigation procedure.By searching for foreign and domestic scholars’ foreign research literature,analyzing the characteristics of environmental administrative public interest litigation in the United States and Germany,sorting and summarizing it,exploring whether foreign experience can be used for reference in my country’s process of the connection.Finally,based on the problem-cause basis,starting with the coordination content,investigative power,prosecution standards,and system cooperation in the connection process,it proposes a legal solution to the problems in the connection between pre-litigation procedure and litigation procedure.