The Research On Pre-litigation Procedure Of Environmental Administrative Public Interest Litigation

China’s environmental administrative public interest litigation can only be filed by the procuratorial agency at present.The environmental administrative public interest litigation referred to in this article refers specifically to the administrative public interest litigation filed by the procuratorial agency in the field of environment and resource conservation.The development of the pre-litigation procedure for China’s environmental administrative public interest litigation can be divided into three stages.Judging from the practical effects,pre-litigation procedure is the main form of closing cases.Prior to the establishment of the environmental administrative public interest litigation system,the procuratorial agency in China mainly exercised three powers of public prosecution,crime investigation and litigation supervision.In the pre-litigation procedure,the procuratorial agency actually exercised the right to supervise the enforcement of administrative law,which constitutes a breakthrough of the procuratorial power system.Then,this article analyzes the legal responsibilities that environmental regulatory authorities must undertake for breach of their obligations in pre-litigation procedure,and demonstrates the effectiveness of pre-litigation procedure.Finally,from the aspects of promoting the power of the procuratorial agency to exercise supervision over administrative law enforcement and supervising the performance of the environmental regulatory authorities in accordance with the law,this article proposes several measures in order to promote the development of China’s pre-litigation procedure of environmental administrative public interest litigation system.