Study On The Pre-litigation Procedure Of Environment Administrative Public Interest Litigation

The establishment and development of the environmental administrative public interest litigation system is an important measure in my country’s ecological environment governance,and has made great contributions to the protection of my country’s ecological environment.As a necessary part of environmental administrative public interest litigation,the pre-litigation procedure with a profound theoretical foundation can effectively divert cases,ease judicial pressure,and improve the self-correction mechanism of administrative organs.The outstanding achievements in the field of public interest have profoundly affected the operation mode and institutional system of the environmental administrative public interest litigation system.However,as an emerging system that has gradually developed in recent years,the pre-litigation procedure has gradually produced a series of problems in the practice process.The lack of extensive and effective participation of the public in the pre-litigation procedure has led to the failure of timely discovery of a large number of cases;The administrative organ that issued the procuratorial recommendation lacks remedies,and the lack of ex post supervision after the procuratorial recommendation is issued makes it difficult to implement the procuratorial recommendation effectively,and the purpose of making and issuing the procuratorial recommendation fails;the administrative organ has an unreasonable time limit for performing duties according to law,and the fixed performance period cannot be applied to some Cases that cannot be completed in a short period of time due to objective reasons;the lack of rigidity in the investigation and verification power of the procuratorial organs,and the difficulty in identification,which hinders the procuratorial organs in the process of investigation and evidence collection;the standards for the determination of administrative organs’ performance of duties in accordance with the law are not uniform.The occurrence of these problems hinders the value of the pre-litigation procedure,and also limits the role of environmental administrative public interest litigation in protecting the ecological environment.On the basis of analyzing the causes of the above problems,combined with foreign experience,and proceeding from the actual situation of my country’s system,this paper mainly proposes the following perfect countermeasures: strengthen public participation;standardize the procuratorial suggestion system;reasonably set the performance period;Improve the appraisal fee management system and clarify the criteria for the determination of administrative organs to perform their duties in accordance with the law.Try to explore the way to improve the pre-litigation procedure with Chinese characteristics,realize the comprehensive and effective governance of the ecological environment,and build a beautiful China.