Research On Pre-litigation Procedural Issues In Environmental Administrative Public Interest Litigatio

For the past few years,the construction of environmental law of China has developed vigorously,environmental public interest litigation field has made outstanding achievements,and environmental administrative public interest litigation has also made considerable contributions.As the pre-litigation procedure and the core link of environmental administrative public interest litigation,the pre-litigation procedure has achieved good effects in supervising the law-abiding and law-enforcing of administrative organs and strengthening the protection of ecological environment,but many problems have also been exposed.If we don’t pay attention to it and improve it in time,it will probably be difficult to maintain the good implementation effect since the pilot project of pre-litigation procedure began.Taking the pre-litigation procedure of environmental administrative public interest litigation initiated by procuratorial organs as the research scope,the writing of the article mainly includes four parts:The first part discusses the special performance of the pre-litigation procedure of environmental administrative public interest litigation.By summarizing the legal provisions of current pre-litigation procedures in China,it outlines two typical pre-litigation procedures and summarizes the pre-litigation procedure of environmental administrative public interest litigation.On this basis,this article makes a deeper comparison between the pre-litigation procedure of environmental administrative public interest litigation and other pre-litigation procedures,sorts out and concludes their similarities and differences,grasps the concept and characteristics of the pre-litigation procedure of environmental administrative public interest litigation,and analyzes its independent value,in order to make a preparation for the further research.The second part raises the plight in the pre-litigation procedure of environmental administrative public interest litigation.According to current legislation and practice,the pre-litigation procedure are divided into five stages in chronological order,including five landmark stages involving case filing,investigation and verification,preparation and issuance of procuratorial recommendations,identification of duty performance and follow-up supervision.Based on relevant laws and regulations,policy documents and judicial interpretations,combined with the realistic background of the pre-litigation procedure and representative cases,the prominent problems in each of the above stages will be elaborated and discussed separately.The third part analyzes the corresponding causes of the pre-litigation procedure of environmental administrative public interest litigation.In response to the specific issues raised in the five iconic stages,the research perspective shifts from the appearance of the problem to its essence,to deeply analyze the causes of these problems,analyze its deficiencies at the legal level,and discusses inadequacy of the interactions between existing legislation and environmental law,administrative law and other related laws,in order to clarify the ideas for the corresponding solutions.The fourth part proposes countermeasures for the improvement of relevant rules of pre-litigation procedure in environmental administrative public interest litigation.Refer to the relevant systems available for reference in foreign countries,combine the characteristics of environmental public welfare damages in China,start from the legislative concepts and characteristics of the environmental administrative public interest litigation system,take the latest guiding cases and the suggestions of experts and scholars as the guide,and focus on environmental law department perspective,propose the conception and perfection of the problems in each stage,and design feasible solutions according to each link,so as to improve the system design covering all links,thus jointly constituting the perfection of the system in entire pre-litigation procedure.