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

As an important part of Chinese environmental protection legal system,environmental public interest litigation system has been playing its due function since its establishment.With the development of theory and practice,it can be divided into two types: environmental civil public interest litigation and environmental administrative public interest litigation.According to the existing laws,environmental administrative public interest litigation refers to environmental administration brought by procuratorial organs Public interest litigation,and the pre litigation procedure of this kind of litigation refers to the legal pre procedure in which the procuratorial organ must put forward procuratorial suggestions to the environmental protection functional department of the administrative organ to urge it to actively perform its environmental protection responsibilities before entering the substantive procedure of litigation.Based on the existing laws,combined with theoretical research results,this paper uses empirical analysis,comparative research and case analysis methods to study the root causes of the problems existing in the system.By clarifying the relevant concepts of environmental administrative public interest litigation and its pre litigation procedures,this paper summarizes the basic principles of the system,and brings environmental administrative public interest litigation to the procuratorial organs at the legislative level and pilot level in China The current situation of practice is reviewed.It is believed that the pre litigation procedure of environmental administrative public interest litigation in China plays an important role in solving environmental problems and saving judicial resources.However,it is still necessary to further improve the pre litigation procedure in order to play its role to a greater extent,and it is concluded that there are still single source of case clues,lack of supporting mechanism,lack of concrete procuratorial suggestions and burden of proof system in the current pre litigation procedure The reality dilemma,such as imperfect,is the combination of the United States,Germany and Japan.Based on the experience of Taiwan and other countries that started earlier in the development of environmental public interest litigation,this paper analyzes the problems existing in practice,and finally gives some suggestions on how to improve the system from the perspective of legal system.It also makes an expanded interpretation of the provisions on the source of case clues,further improves the management and expense bearing system of appraisal mechanism,and refines the pre litigation from two aspects of structure and content The provisions of the procedure shall comply with the basic principles of the administrative procedure law.