| The shadow of the epidemic reminds us once again that man and nature need to live in harmony.The protection of ecological environment is urgent.However,ecological environmental interests belong to social public interests,which do not involve specific stakeholders and are easy to be destroyed and ignored.The establishment and development of the pre-litigation procedure system of environmental administrative public interest litigation in China has greatly improved the efficiency of the protection of ecological environment and resources,profoundly affected the operation mode and system of environmental administrative public interest litigation,and showed indistinguisable advanced nature and strong vitality.However,there is no doubt that the rapid development of environmental administrative public interest litigation pre-litigation procedure has brought great achievements,but its system cohesion and judicial application also show some difficulties and problems.First,this paper illustrates the environmental administrative public interest litigation and the basic principle of before litigation procedure,combed the environmental administrative public interest litigation before litigation procedure in our country development course,analyzed the environmental administrative public interest litigation before litigation procedure run connotation and statutory,Prepositive,complexity and other characteristics,summarizes the environmental administrative public interest litigation procedure before litigation supervision function and value of shunt.Second,through to the net written judgment between January 2019 and December 2020,a total of 186 cases and the Supreme People’s Procuratorate and the Supreme People’s Court announced the typical case of typed statistics and empirical analysis,found the environmental administrative public interest litigation in the problems that exist in the judicial application,including environmental defined public interests,the procuratorial advice of operation is not standard,not specific,whether the administrative organ in accordance with the law since the standard is not clear,before litigation procedure independence did not reveal.Finally,four suggestions are put forward based on the above findings.First,the definition of environmental public interest should be scientifically defined,and the definition standard of environmental public interest should be specified by means of legislation and judicial interpretation,increasing guiding cases,and expert demonstration and analysis.Second,it is necessary to refine the operational norms of the pre-litigation procedures of environmental administrative public interest litigation,requiring the contents of procuratorial suggestions to be comprehensive and specific,targeted,and able to reflect sufficient factual basis and legal reasoning;Improve the professional degree of procuratorial suggestions,so that the procuratorial suggestions have a strong operability;We should set a flexible and reasonable period of time for administrative bodies to perform their duties.Enhance the mandatory nature of inspection recommendations.Third,in judging whether an administrative organ performs its duties in accordance with the law,the actual situation of the organ that performs its duties should be taken into account,and specific problems should be analyzed in a case-by-case manner and comprehensive standards should be adopted to make a fair and rational judgment.Fourthly,it is necessary to guarantee the independent status of the pre-litigation procedure of environmental administrative public interest litigation and require the litigation request of the procuratorial organ in the litigation stage to be consistent with the contents of the procuratorial suggestions put forward in the pre-litigation procedure.Further refinement or modification was made to the specific circumstances of the application of Article 24 of the Interpretation on Several Issues Concerning the Application of the Law in the Case of Procuratorial Public Interest Litigation by the Procuratorial Organs.Clear waters and green mountains are invaluable assets.Integrating ecological progress into the overall plan of the Five-sphere Integrated Plan reflects the new aspirations of the Party and the people.Believe in environmental administrative public interest litigation... |
