Research On Pre-litigation Procedure Of Environmental Administrative Public Interest Iitigation

The environmental administrative public interest litigation filed by the procuratorial organ belongs to the category of procuratorial public interest litigation and is a special administrative public interest litigation.The system design of the pre-litigation procedure has its own independent value,which is not only the statutory mandatory procedure for environmental administrative public interest litigation,but also the most effective way to close the case.As China’s procuratorial public interest litigation is promoted from partial pilots to the whole country,from top-level design to practice,local procuratorial agencies have also actively explored the implementation of pre-litigation procedures,and have achieved many results in this process.However,in the current judicial practice,there are also some outstanding problems in the pre-litigation procedure system of environmental administrative public interest litigation,which needs to be continuously improved and perfected.This article analyzes and studies the pre-litigation procedures of environmental administrative public interest litigation from four parts,and puts forward corresponding countermeasures and suggestions.The first part analyzes and recognizes the concept,characteristics and functions of the pre-litigation procedures of environmental administrative public interest litigation from the perspective of theoretical system level.The second part is a review of the legislative process of the pre-litigation procedures of environmental administrative public interest litigation.By sorting,summarizing and analyzing 60 typical environmental administrative public interest litigation pre-litigation procedures cases and related data,this paper summarizes and analyzes the practice status of environmental administrative public interest litigation pre-litigation procedures,and then The current status of practice has a comprehensive and overall understanding and mastery.In the third part,the author conducts empirical research from the four stages of the pre-litigation procedure,namely the preparation and issuance of procuratorial recommendations,the reply of the administrative organ,the investigation and verification of the procuratorial organ(throughout the pre-litigation procedure),and the transition from the pre-litigation procedure to the litigation procedure.analysis.Identified outstanding problems in the pre-litigation procedures of environmental administrative public interest litigation,including insufficient pre-litigation procuratorial advice,unreasonable performance deadlines for pre-litigation procedures,poorly targeted pre-litigation investigation and verification rights,pre-litigation procedures and litigation There are four problems in the lack of smooth connection.In the fourth part,I put forward my own suggestions for improving these outstanding issues.One is to refine the content of procuratorial recommendations and improve the supervision and guarantee mechanism for procuratorial recommendations.The second is to reasonably set the time limit for performing duties by administrative agencies.The third is to improve the investigation and verification power of the procuratorial organ.The fourth is to promote the connection between pre-litigation procedures and litigation procedures.