Research On Prosecutorial Suggestions Of Environmental Administrative Public Interest Litigation

China’s public interest litigation system was rolled out nationwide in July 2017 after two years of testing the waters in pilot regions.In practice,the procuratorial suggestion of environmental administration public interest litigation plays an important role in the system of public interest litigation.This paper sorts out and studies relevant issues concerning the procuratorial suggestions of environmental administration public interest litigation.After summarizing the views of scholars,it also tries to put forward its own views.This paper is divided into four parts:In the first part of the paper,it describes the background of the research on the procuratorial suggestion of environmental administrative public interest litigation,briefly summarizes the status of the research,emphasizes the purpose and significance of the research,and explains the research methods used in this paper.In the second part of the paper,it introduces related concepts,puts forward the concept of public interest litigation of environmental administration and analyzes the difference between it and the administrative reconsideration.It analyzes its properties,including presupposition,independence,legal supervision and rigidity.It expounds its significance,including the protection of the public interest of the environment,the embodiment of the modesty of judicial authority,the urge on the administrative organs to do self-correction and exercise duties on their own initiative,and the improvement of judicial efficiency.In the third part of the paper,firstly,it lists the laws,judicial interpretations and normative documents related to the procuratorial suggestions of environmental administrative public interest litigation since the pilot of public interest litigation.Secondly,it summarizes the judicial practice of public interest litigation briefly,summarizes the law and characteristics of public interest litigation cases through the collation and analysis of the practical data during the pilot period and after the comprehensive promotion,and then deduces the overall characteristics of the procuratorial suggestions of environmental administrative public interest litigation.Finally,five main problems in practice are summarized,including non-standard specific contents of procuratorial suggestions,unclear standards for reviewing the performance of duties of administrative organs,lack of functions to prevent infringement of public interests,difficulty in the selection of pre-litigation procedures,and divergent views on the connection between the proposed object and the accused.In the fourth part of the paper,aiming at the problems existing in the procuratorial Suggestions of environmental administrative public interest litigation and the problems within the framework of environmental public interest litigation,it puts forward five ways for improvement.Firstly,the contents of the procuratorial suggestions should be brief In principle.At the same time,this part analyzes the reasons for the brief contents and summarizes the procedure of making procuratorial suggestions.Secondly,in reviewing the performance of duties of administrative organs,the standard of conduct and the standard of results should be adopted at the same time,the relationship between them is that the result standard is a complement to the standard of conduct.While,through the improvement of legislation,the standards for the administrative organs to perform their duties in accordance with the law should be further clarified.Thirdly,it advocates that the prevention function should be carefully included in the form of conducting pilot projects on a small scale,through which experiences and problems can be summarized.Fourthly,environmental administrative public interest litigation should be preceded by environmental civil public interest litigation,that is,procuratorial suggestions should be issued to urge administrative organs to perform their duties according to law.In addition,in the case that environmental public interests can no longer be remedied,the power should be granted to the procuratorial organs.Relying on this power,the procuratorial organs can directly file environmental administrative public interest litigation attached to environmental civil public interest litigation after making civil announcements without issuing procuratorial suggestions,so as to urge the administrative organs to perform their duties in a civil perspective.At last,it is necessary to clarify the the scope of objects of procuratorial suggestions and the scope of litigation defendants step by step,so as to promote their orderly connection.All administrative organs that meet the requirements for public interest litigation in environmental administration shall be regarded as the objects of issuing procuratorial suggestions,and the performance of their functions and duties shall be examined to determine the defendants in the litigation.Then,the procuratorial organs in this scope of the administrative organs to determine the defendant.