Study On The Pre Litigation Procedure Of Environmental Administrative Public Interest Litigation

Under the background of comprehensively promoting "Clear waters and green mountains",the pre litigation procedure of environmental administrative public interest litigation,as an important "sword" in the hands of procuratorial organs,plays an irreplaceable role in urging administrative organs to actively perform their duties and timely safeguard environmental public interests.The pre litigation procedure has become increasingly mature after going through the stages of "theoretical exploration,pilot implementation,and legislative protection".Through empirical investigation of163 cases retrieved by Peking University’s magic weapon,the distribution of case areas,statistical analysis of prosecutorial advice content,response to prosecutorial advice,and non lawful performance of administrative organs were summarized and practiced.It was found that there are still some problems in the operation of pre litigation procedures,mainly including limited sources of case clues,difficulties in the operation of investigation and verification power,low binding force of prosecutorial advice,and unreasonable provisions on performance deadlines And there is a poor connection between pre litigation procedures and litigation procedures.In order to fully leverage the independent value of pre litigation procedures,specific optimization paths are proposed to address the existing issues before litigation.Firstly,broaden the source channels of case clues,establish internal and external linkage mechanisms,and fully utilize external information platforms;Secondly,clarify the attributes of investigation and verification rights,strengthen mandatory regulations and supporting work mechanisms,and improve the guarantee mechanism of investigation and verification rights;The third is to refine the content of procuratorial suggestions,strengthen the implementation of procuratorial suggestions,and strengthen the follow-up supervision of procuratorial suggestions,and strengthen the binding force of procuratorial suggestions;The fourth is to reasonably set the performance deadline for administrative agencies,and the general situation of applying a two month performance deadline is conducive to urging administrative agencies to perform their duties in a timely manner.At the same time,a reasonable flexible deadline is set to respond to special situations where objective factors lead to the inability to perform;Fifthly,in response to the determination of the standards for administrative organs not performing their duties in accordance with the law,full consideration should be given to the exceptional factors of fulfilling their duties and responsibilities.A composite standard should be adopted,with behavioral standards as the main focus and outcome standards as the auxiliary.The content connection between procuratorial suggestions and litigation requests should be standardized,and the connection between pre litigation procedures and litigation procedures should be improved to ensure the full play of the functions of pre litigation procedures through litigation.