Study On The Public Interest Litigaton System Of Environmental Administration Initiated By Procuratorial Organs

Since the reform and opening up,China's social and economic development has made many remarkable achievements in the world,but also produced a lot of social problems,of which the more prominent is the problem of environmental resources.The emergence of environmental problems is influenced by many aspects,but the main reason for many reasons is still due to the disorderly actions and omissions of some competent environmental administrative organs.Although there is no perfect legal system and supporting mechanism for environmental administrative public interest litigation in academia at present,there are a lot of research and Analysis for the judicial and legislative practice as a reference object,but it still needs to strengthen practical demonstration and theoretical research.The research of this paper is based on a large number of historical studies.Firstly,it summarizes and analyses the theoretical basis of administrative litigation brought by pro-curatorial organs in China.Then through historical data and current data,taking the national conditions of our country as the background,we can thoroughly analyze and understand the main contents of the new administrative procedure law and the main contents of the judicial interpretation of the two high schools,and make an in-depth analysis from the legislative intention,and carefully comb out the ambiguity of the scope of accepting cases,the limitation of the initiative to dig clues,the imperfection of the supporting measures of litigation,the heavy burden of proof of the procuratorial organs,and the lack of environmental appraisal system in the current system Perfect and inadequate perlitigation procedures and other specific difficulties.Finally,this paper combines the experience of other countries on the basis of understanding the actual situation,putting forward some suggestions from the legal system level,such as clarifying the scope of acceptance of administrative public interest litigation by procuratorial organs,giving the right of investigation safeguards,and so on.At the level of supporting mechanism construction,it puts forward that the supporting mechanism of public interest litigation identification should be improved,and that it should be established and established.Suggestions on the connection mechanism between discipline and the perfection of the procuratorial organs should be put forward.