Research Of The Pre-litigation Procedures Of Environmental Administrative Public Interest Litigation

Public interest litigation can be divided into administrative public interest litigation and civil public interest litigation according to the type,and they are applicable to different areas of litigation law.The creation of administrative public interest litigation is to protect national interests and social public interests according to law,and promote effective administration of law-based administration.Its scope of application is mainly concentrated in the areas of ecological environment and resource protection,food and drug safety,state-owned property protection,and transfer of state-owned land use rights as stipulated in Article 25 of the Administrative Procedure Law.According to the current data of the Supreme People ’s Procuratorate ’s report on the public welfare litigation at the end of 2019,by the end of 2019,there were 118,012 public interest litigation cases in the field of ecological environment and resource protection,accounting for 54.96% of all administrative public interest litigation cases.It can be seen that the largest proportion of administrative public interest litigation cases are those in the field of ecological environment and resource protection.Because of this,the research on environmental administrative public welfare is beneficial to the improvement of the public welfare litigation system itself.The pre-litigation procedure is a link that must be experienced before the environmental administrative public interest litigation is filed,and in practice has shown great value beyond litigation.Unlike the pre-litigation procedures of public interest litigation in foreign countries,which are mostly for the purpose of preventing abuses by citizens,the purpose of the pre-litigation procedures of administrative public interest litigation in China is to enable the administrative organs to give full play to the function of protecting the environment and appropriately restrict their right to prosecute.,And save judicial resources.Judicial practice shows that after the procuratorial organ has issued pre-litigation procuratorial recommendations in accordance with law,most administrative organs can respond positively to it.The pre-litigation procedure has the unique advantage of supervising the comprehensive governance of multiple functional departments,and the best protection of public welfare results with minimum judicial investment,which demonstrates the superiority of the socialist judicial system with Chinese characteristics.However,many problems have been exposed in practice.The reason is that the pre-litigation procedure is a new reform system and its content is not perfect enough.Based on this,this article is divided into three parts to analyze and explain the pre-litigation procedures of environmental administrative public interest litigation.The first part describes the basic theoretical issues related to the pre-litigation procedures of environmental public interest litigation,such as the value,etc.,and clarifies the ideas for the next step of research.The second part conducts three stages of empirical analysis on the pre-litigation procedure: investigation and verification stage,prosecution suggestion and issuance stage,and pre-litigation procedure and litigation connection stage.The problems found in the study are as follows: the procuratorial organ appeared in the implementation of the procedure,the investigation and verification by the procuratorate were insufficient,the rigidity of the procuratorial recommendations was insufficient,and the connection with environmental administrative public interest litigation was poor.The third part summarizes and analyzes the typical cases successfully concluded by the procuratorial organs through pre-litigation procedures,and refers to relevant theories to make targeted improvements to the current environmental public interest litigation system.