Study On The Procedures Of The Environmental Administrative Public Interest Litigation

The environmental administrative public interest litigation system relies on the environmental public interest litigation system.As a pre-procedure of the environmental administrative public interest litigation system,the pre-litigation procedure is both necessary and feasible.First,it can prevent abuse of environmental administrative public interest litigation and fully mobilize the administrative power self-correction mechanism enjoyed by the administrative organ;Second,its setting follows the principle of judicial apology for prosecutorial supervision and effectively saves judicial resources.Since the establishment of the environmental administrative public interest litigation pilot in July 2015,in the local practice process of more than four years,the procuratorates of various provinces and cities across the country are actively exploring how to better implement the pre-litigation procedures and have achieved gratifying results.However,as the reform of the system has not yet fully matured,more and more problems have been exposed in the implementation process.First of all,this paper divides the research of the pre-procedure procedure into the filing stage,the investigation and verification stage,the procuratorial proposal stage,and the post-supervising stage.Through the empirical analysis of each stage,it is found that the procuratorate appears in the process of applying the procedure.For example,the lack of rigidity of the procuratorial proposal,the incompleteness of the investigation and verification right,the unsatisfactory acceptance of the supervision effect,and the poor connection with the environmental administrative public interest litigation stage.Then,in view of these problems,this paper attempts to analyze the reasons from the practice situation in various places.For example,the procuratorial proposal is not standardized,the lack of technical support leads to the actual difficulties of the prosecutor in the investigation and verification,the supervision power is not comprehensive,and the procuratorial organs are administrative.The theoretical understanding of the subject's performance level is not deep enough,leading to errors in the litigation stage.Finally,by referring to the typical cases in which the procuratorates used the pre-litigation procedures to successfully close the case,as well as the suggestions and suggestions of various experts and scholars,they summarized and put forward suggestions for improvement.On the one hand,the procuratorial proposal case management is an innovative model to refine the content of the pre-litigation procedures;on the other hand,the procuratorial supervision function is deepened to strengthen the effectiveness of pre-litigation procedures.It is hoped that through this research,the operation of the pre-trial proceedings will be optimized,and the environmental administrative public interest litigation system will be able to exert greater benefits.