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

In recent years,with more and more ecological environment and natural resources suffering from man-made pollution and destruction,in order to effectively protect the public interests of environmental resources and accelerate the construction of ecological civilization,China implemented the public interest litigation system of procuratorial organs nationwide in June 2017.Among them,before the procuratorial organ files an administrative public interest lawsuit,it shall,in accordance with the law,make procuratorial Suggestions to the administrative organ with supervisory responsibilities and perform the pre-litigation procedure.In the environmental administrative public interest litigation,the pre-litigation procedure is an independent judicial procedure,which is different from the litigation procedure.China's pre-litigation procedure system is still in the stage of gradual development,its judicial practice still has some problems,such as the pre-litigation procedure of the relevant legal provisions are too principles,review standards are not uniform,review deadline is set unreasonable.This paper conducts a normative analysis of the existing laws and regulations of the pre-litigation procedure,and conducts an empirical analysis of 98 typical cases published by the two high schools and the provinces,from which the existing problems of the procedure are analyzed,so as to put forward reasonable Suggestions for improving the pre-litigation procedure of environmental administrative public interest litigation.This paper intends to discuss from the following aspects: first,this paper defines the concept of pre-litigation procedure,distinguishes it from litigation procedure,and analyzes its characteristics and theoretical basis.Secondly,the pre-litigation procedure is analyzed according to the status quo of legislation and the typical judicial practice.Finally,based on the normative analysis and empirical analysis,the author finds out various problems in the formulation of legal norms and the actual operation and implementation of the pre-litigation procedure,and discusses these problems reasonably in order to seek Suggestions for improvement.