Research On The System Of Procuratorial Organs Filing Environmental Administrative Public Interest Litigation

With the rapid development of social economy,some enterprises and individuals pursue the maximization of their own interests at the cost of harming the ecological environment,which leads to the increasingly serious environmental pollution problem and the gradual deterioration of the ecological environment.In addition,some of the administrative organs responsible for the supervision and management of the ecological environment have not fully performed their duties in the face of the illegal subjects who pollute the environment,resulting in the ecological environment in a state of long-term damage.Before the introduction of the public interest litigation system of environmental administration initiated by the procuratorial organs,the phenomenon that the administrative organs did not fully perform their duties in the environmental field and there was no effective supervision mechanism to urge the administrative organs to perform their duties was quite prominent.Compared with civil public interest litigation,the development of environmental administrative public interest litigation initiated by procuratorial organs is late and still in the initial stage of development.However,the exploration of the pilot stage provides valuable experience for the gradual improvement of the administrative public interest litigation system.The establishment of the public interest litigation system for environmental administration initiated by procuratorial organs has played an important role in urging administrative organs to perform their duties and provided institutional guarantee for the restoration of the ecological environment.Since the administrative litigation law has not been formally presented in the form of articles for a long time since the beginning of the pilot program,it has encountered a lot of resistance in practice,so there are still many areas to be improved.This paper is mainly divided into four parts: the first part is the introduction,mainly describes the research background and significance of this paper,research status at home and abroad;The second part takes three typical cases of administrative public interest litigation brought by procuratorial organs in recent years as examples,introduces the case,and summarizes and analyzes the focus of the dispute.In the third part,the focus of the legal analysis,combined with the performance of the administrative organs in three typical cases and the status quo of the prosecution of the prosecution,analysis of its problems,namely the general procuratorial recommendations,omission in the performance of duties,and administrative and criminal penalties combined.The fourth part is to improve the environmental administrative public interest litigation system,namely from the legislative,law enforcement,judicial level to further improve the proposal,in order to promote the procuratorial organs to effectively protect the public interests of the ecological environment,urge the administrative organs to perform their duties,better maintain the social ecological environment.