Analysis On The Effectiveness Of Pre-litigation Procuratorial Proposals In Environmental Administrative Public Interest Litigation

In recent years,guided by Xi Jinping Thought on ecological civilization,procuratorial organs throughout the country have actively played the role of environmental administrative public interest litigation and strengthened cooperation with relevant state functional departments for the construction of a beautiful China,providing a strong judicial guarantee for the in-depth promotion of ecological civilization construction.Environmental administrative public interest litigation is an effective weapon for the protection of natural environment and the construction of ecological civilization in China.Through the two-year pilot cases of environmental administrative public interest litigation and the summary and analysis of relevant typical cases,it can be found that the vast majority of environmental administrative public interest litigation cases have only gone through the pre-litigation procedure,but not the litigation procedure,and the pre-litigation procedure has produced excellent practical effects in practice.The key to the procedure of environmental administrative public interest litigation is the effectiveness of the suggestion of pre-litigation inspection.Therefore,the effectiveness of the suggestion of pre-litigation inspection of environmental administrative public interest litigation is a very important issue,which needs further in-depth analysis.First of all,the following basic questions should be clarified before the effectiveness analysis of the public interest litigation of environmental administration.First,it defines the meaning of the effectiveness of the procuratorial proposal before public interest litigation of environmental administration,and makes clear the object of study of this paper,that is,the effectiveness refers to the binding effect and compulsory effect of the procuratorial organ’s proposal before litigation on the administrative organ in the field of ecological environment and resource protection.On this basis,it makes clear that the effectiveness of the procuratorial proposal before litigation comes from the constitutional position of the procuratorial organ and the special authorization of the law,whose legal nature is the legal supervision,so as to determine the logical starting point of the paper.Finally,it is clear that the compulsory force is not the compulsory force to lay a solid foundation for the research of this paper.Second,by clarifying that the particularity of the effectiveness of the inspection proposal before the public interest litigation of environmental administration lies in its effectiveness in both entity and procedure,analyzing its special value and expounding the necessity of the research.After the above basic problems are clarified,we should analyze the concrete effectiveness of the inspection proposal before the environmental administrative public interest litigation from the theoretical perspective of "ought to be".In terms of the substantive effect,pre-litigation procuratorial Suggestions force administrative organs to accept and review them,constrain administrative organs to make a decision on whether to adopt pre-litigation procuratorial Suggestions,and force administrative organs to make a written reply based on the decision results;In terms of procedural effect,the procuratorial organ should judge the performance of the administrative organ according to the content of the procuratorial Suggestions before the prosecution,so as to decide whether to file a follow-up lawsuit.However,the effectiveness of the environmental administrative public interest litigation pre-inspection proposal is different in different circumstances,and the meaning behind its effectiveness also needs to be deeply understood.Therefore,in accordance with the sequence of time development,this paper will receive,decide to adopt or disagree from the administrative organ,reply in writing by the administrative organ,and decide whether to initiate the follow-up lawsuit.It will conduct in-depth analysis on the effectiveness of the pre-litigation procuratorial Suggestions at different stages.After analyzing its concrete effectiveness in theory,we should sort out the realistic dilemma of realizing the effectiveness of the procuratorial Suggestions before the public interest litigation of environmental administration from the practical perspective.Based on the "pkulaw" and "Wolters Kluwer" official case search platform,such as collecting,resource waste and environmental pollution,ecological protection and so on related after 91 typical cases,and data statistics analysis,summarizes the environmental administrative public welfare lawsuit procuratorial advice before litigation effectiveness of implementation in the following aspects exist practical difficulties,specific for procuratorial advice details before litigation,administrative organs of the objection procedure,administrative organ written reply standards and legal responsibility,the criteria to judge whether subsequent lawsuit filed,the procuratorial advice before an action tracking verification.Finally,draw on the experience of current practice,put forward the specific path to strengthen the effectiveness of administrative public interest litigation before prosecution.The strengthening path proposed in this paper is based on the analysis of the causes of the practical obstacles to the realization of the effectiveness of the Suggestions before the public interest litigation of environmental administration,and the solutions to the practical obstaclesto the realization of the effectiveness are proposed one by one.From the environmental administrative public welfare lawsuit procuratorial advice before litigation specific content requirements,objection procedures,written reply to a standard,non-standard behavior criteria to judge the legal responsibility,subsequent lawsuit filed and the procuratorial advice before an action tracking verification the several aspects of environmental administrative public interest litigation before litigation prosecutorial suggestion to the relevant provisions of the elaboration and construction.