Reach On The Pre-litigation Procedure Of Environmental Public Interest Litigation

Zero litigation of environmental public interest litigation before litigation procedure design ideal target,from the point of the judicial practice in our country,before litigation procedure in design of environmental public interest litigation system occupies very important position,and continue to play its role,the independent application development trend,based on the importance of before litigation procedure,whether the program as more attention.However,as China’s current laws and regulations are too general,procuratorial organs often carry out their work according to the internal guidelines for handling cases and internal work agreements with administrative organs and courts.V.value lies in the reasonable and lawful procedures before screening can enter the case of legal proceedings,but in the practice of current administrative authority since the standard is differ,the procuratorial recommendations shall be applicable to the general,a variety of public interest litigation and the ecological environment compensation litigation overlap of cross cases randomly selected,and the public participation is not high problem before v.program easy to formalism,neither to the procuratorial organ in the public interest litigation "limit litigation" effect,also did not realize ecological environment dispute resolve disputes on real significance in pre-judgment litigation "zero" goal.In this paper,from the perspective of legal theory analysis before litigation procedure development origin,the legitimacy of its existence,as well as to the current application before litigation law and the judicial practice system carding,statistical data,the environmental civil litigation rules before litigation with the United States,Germany,environmental groups before litigation in administrative litigation rules,the environment people before litigation in administrative litigation rules,on the basis of comparing thepain points for the current program before litigation practice,put forward a concrete suggestion perfect before litigation procedure design,For example,in the case of multiple cases of litigation overlap,the optimal path selection of pre-litigation procedure launching,the application of different degrees of prosecutorial Suggestions,the limited application of pre-litigation dispute resolution,and the improvement of the supporting system of pre-litigation procedure are all expected to contribute to the improvement of China’s environmental public interest litigation system.