The Difficulties And Countermeasures Of Prosecuting The Environmental Administrative Public Interest Litigation

On January 1,2015,the new revised "environmental law" established the social organization of the environmental public interest litigation system,after approval by the standing committee of the National People's Congress,gives part of the provinces,autonomous regions and municipalities directly under the central government,is limited to two years,dominated by procuratorial organs specified region pilot work of environmental public interest litigation.On June 27,2017,China formally established the public interest litigation system for environmental administration initiated by procuratorial organs.After two years after the pilot,the procuratorial organs have accumulated much experience,but then entered into the depth of the environmental administrative public interest litigation practice work in phase,thus make the design of this system in our country gradually revealed some weaknesses,such as the source of the case clues way too narrow a single,scope of accepting cases,the procuratorial organ's right of investigation to verify the weak,what lawsuit procuratorial organs do not bear the burden of proof,it has a lot on the procuratorial organ to handle cases of resistance,need to be perfect,in order to realize the environmental administrative public welfare lawsuit system optimization,finally achieve the purpose of environmental protection of public interest.The first part of this article briefly introduced the overall situation of China's procuratorial organs filed the environmental public interest litigation,and analyzed the existing relevant legislation content and the procuratorial organs initiate administrative environmental public interest litigation law credentials,for the classic case of pilot during in-depth discussions,understanding of the environmental administrative public interest litigation in our country the practice of this system are reviewed.In the second part,based on the sequence of each link of the lawsuit,the author elaborates on a series of problems,such as the difficulty in finding clues,the difficulty in investigating and collecting evidence,and the unclear burden of proof,etc.,which are caused by the handling of environmental administrative public interest litigation by procuratorial organs,analyzes the reasons for the above difficulties,and examines the problems existing in procuratorial organs themselves.The third part makes a comparative analysis of developed environmental administrative public welfare systems in foreign countries by taking Britain and India as examples to explore which experiences can be used for reference in our country.Fourth part corresponding to the previously proposed practical problems of the environmental administrative public interest litigation,respectively for existing before litigation,litigation,litigation after the plight of the improvement of the effective countermeasures are put forward,such as through the use of artificial intelligence,encourage public participation in environmental administrative public interest litigation cases clues to report,improve the level of procuratorial organs inside the case,establish special litigation fund,in order to complete the procuratorial organinitiate administrative environmental public interest litigation,this system to run more smoothly,sureness.