Research On The Improvement Of Public Interest Litigation Procedure Of Environmental Administration In China

The procuratorial organs have the right to initiate environmental administrative public interest litigation according to law.In protecting ecological environment and the timely and effective to repair,to prevent environmental damage point of view,to set up the environment administrative public interest litigation system in China as well as the specific procedures,and give procuratorate public interest litigation,is for the use of the supervision role of judicial organs supervise and assist relevant administrative organs to solve environment problems,protecting the country’s social citizen,now the future long-term environmental interests.Environmental administrative public interest litigation compared with other environmental litigation has the advantage of:because the majority of the administrative organ to rectification within the time limit,the procuratorial organs by examining the procuratorial suggestion situation to decide whether to start the rectification of environmental administrative litigation procedure,more cases with the case before litigation procedure,set up the program to improve judicial efficiency and at the same time to adapt to the actual situation of environmental problems need to solve.By issuing procuratorial suggestions before litigation,the procuratorial organs add judicial responsibility to the administrative responsibility of environmental procuratorial protection,and promote the relevant functional departments to perform their duties according to law,so that both the pre-litigation method and the litigation method have efficiency and strong credibility,and also highlight the role of procuratorial organs in legal supervision.Nowadays,procuratorial organs have the right to supervise the whole process of environmental public interest litigation as a supervision organ,and also have the right to make up for administrative organs’ environmental governance problems.The shortcomings of environmental administrative public interest litigation are also very obvious: lack of standardization of coordination between judicial organs and administrative organs,imperfection of pre-litigation procedures,unclear standards for administrative organs to perform their duties according to law,insufficient execution of litigation,and long period and high cost of litigation procedures to close cases.Environmental public interest litigation,as a form of safeguarding social public interests,should be fully supported by the procuratorial organs in the judicial system.The linkage mechanism of judicial judgment will be established by improving the distribution rules of burden of proof,clarifying the standard of "performing duties in accordance with the law" and properly clarifying the content of the judgment,so as to steadily build a perfect litigation mechanism.Environmental administrative public interest litigation smoothly solve,often with the coordination between procuratorial organs and administrative organs are closely related,through the establishment of administrative,judicial mechanism so as to optimize the consultation process the application further improve the efficiency of environmental administrative public interest litigation,to better promote the administration according to law,to better safeguard work of administrative public interest litigation,And standardize the way of pre-lawsuit investigation and evidence collection to improve the pre-lawsuit procedure;Combined with the legal basis,the actual needs of the investigation to improve the implementation measures,supervision organs and other supervision to improve the implementation procedures.In order to solve the existing shortcomings of environmental administrative public interest litigation procedures,by improving the environmental administrative public interest litigation procedures to provide effective judicial protection for the construction of ecological civilization in China.