Study On The Determination Of "Failure Of Administrative Organs To Fulfill Their Duties According To Law" In The Pre-litigation Procedure Of Environmental Administrative Public Interest

In the administrative public interest litigation,the pre-litigation procedure has its special legal value,the main content of which is that the procuratorial organs supervise the administrative organs to perform their duties in accordance with the law,so as to guarantee the ecological environment and natural resources field can be restored in time when they are infringed.If the pre-litigation procedure does not have a supervisory and supervisory role for the administrative organs to perform their duties in accordance with the law,then the litigation procedure should be initiated.The public interest litigation system initiated by the procuratorial organs from the pilot work to the formal establishment of the implementation of the time is not long,the corresponding supporting system is not perfect as well as the concept of unclear and the lack of relevant provisions,resulting in the system in the judicial organs,administrative organs and jurisprudence is still very controversial.Since the revision of China’s administrative litigation law,after a large number of environmental administrative public interest litigation cases,the procuratorate has accumulated rich experience,but there are still many specific procedural and factual issues that need further explanation.For example,the scope and basis for determining the duties of administrative organs in the pre-litigation procedure,and the criteria for judging whether the administrative organs do not perform their duties in accordance with the law are behavioral criteria,result criteria or double review criteria are not uniform.In this case,the article takes China’s administrative litigation system as the background,combined with the provisions of the Administrative Procedure Law and relevant judicial interpretations,and specializes in the study of environmental administrative public interest litigation,among the specific content of its pre-litigation procedures,the identification of"administrative organs not performing their duties according to law" is the focus of this article.In order to introduce the definition of this issue and the related extended content,we collected a large number of case resources through the search on the website of China Judicial Documents,and combined with the relevant guiding cases issued by the Supreme People’s Procuratorate and the courts in China,to sort out and analyze them.On this basis,the main problems of"administrative organs not performing their duties according to law" in judicial practice are analyzed,and the rules of recognition and judgment standards of "administrative organs not performing their duties according to law" are proposed to be improved,drawing on the literature review research results of domestic legal scholars.The research results of this paper analyze the main problems of "administrative organs not performing their duties according to law" in judicial practice,and put forward suggestions for improving the rules and judgment standards of "administrative organs not performing their duties according to law.Through the research of this paper,it can provide useful reference for the judicial authorities to solve this problem in specific judicial practice.