Improvement Of The Legal System For Public Interest Litigation Of Environmental Administration Initiated By Procuratorial Organs

At present,the system of environmental administrative public interest litigation initiated by the procuratorial organ has been comprehensively promoted as a formal legal system in China.In the process of dealing with practical problems,the legislation of principle and generality is insufficient,which makes the public interest litigation of environmental administration fall into a dilemma.To perfect the procuratorial environmental administrative public interest litigation,in theory,we need to insist that the procuratorial organ should be the proper subject of environmental administrative public interest litigation.Strengthening procuratorial suggestion of legal effect,in before litigation of illegal environmental administrative departments issued order them to immediately stop and correct the illegal behavior of procuratorial advice,already because of its illegal ACTS in the injury or damage the ecological environment of the public by procuratorial suggestion means urged the environmental administrative organs take what protective measures to prevent the occurrence of damage or expand;Adhere to the environmental administrative organs of the illegal act or omission cause of damage as long as you reach a certain standard of prosecution should be in accordance with the law of the environmental administrative public interest litigation,which changes because of the environmental administrative organs in passive accept the procuratorial proposal before litigation,change the environment of illegal administrative ACTS have been fulfilled or shall perform their statutory duties and changing state environmental administrative inaction can be exempted from conservative legislative status quo of environmental administrative public interest litigation;Finally,the people's court makes a judicial judgment on the legality of the environmental administrative act involved so as to implement the final principle of justice.By procuratorial organs as the main body in the eligibility initiate administrative environmental public interest litigation,combined with the existing legal provisions and the exploration of practice experience,in sure the procuratorial organs in environmental administrative public interest litigation of achievement at the sametime,points out that the current procuratorial organs filed in the legal system of environmental administrative public interest litigation still exists some shortage,put forward about perfecting the environmental administrative public welfare lawsuit brought by the procuratorates rationalization,feasibility Suggestions,in order for the perfection of the system and related system provides a beneficial train of thought in the field of public interest litigation.