Study On The Pre-litigation Procedure Of Environmental Administrative Public Interest Litigation

There are four main categories of administrative public interest litigation according to the law.Among them,the proportion of administrative public interest litigation in the field of environment is large every year,and the pre-litigation procedure is the pre-procedure of environmental administrative public interest litigation.It can effectively relieve the pressure of judicial resources and balance the relationship between judicial power and administrative power.The pre-litigation procedure of environmental administrative public interest litigation plays a great role,but there are also some problems.Therefore,this paper can better understand the pre-litigation procedure of environmental administrative public interest litigation through the exploration of these problems.This paper is mainly divided into four parts.First of all,before introducing the pre-litigation procedure of environmental administrative public interest litigation,it is necessary to distinguish its related concepts,including introducing its corresponding theoretical basis,the connection with administrative litigation,the value orientation of pre-litigation procedure itself and the comparison of different pre-litigation procedures.Secondly,we also need to understand the course and situation of the development of the pre-litigation procedure of environmental administrative public interest litigation,which includes two stages,mainly from the beginning of the pilot in 2015 to the end of the pilot and from the end of the pilot to the present.through the collection of data from these two stages,we can carry out comparative analysis to understand that the pre-litigation procedure of administrative public interest litigation is issued at different stages Show characteristics.Thirdly,through case analysis,we find out several typical cases to analyze some common problems in the pre-litigation procedure of environmental administrative public interest litigation.These problems mainly include the broad content of procuratorial suggestions,insufficient follow-up supervision,The investigation and verification power of administrative organs is lack of rigidity,the standard of administrative organs and the time limit of administrative organs are too rigid.Finally,in view of the problems mentioned above,some suggestions are put forward,solving the problem of lack of rigidity of investigation and verification right by perfecting the laws and regulations of investigation and verification right and related procedures For the issue of performance standards of administrative organs,it is not too absolute.Several performance standards need to be used flexibly,but the core needs to meet the objective and reasonable conditions of environmental administration,and the performance period is too rigid.It needs to be solved by setting flexible performance deadlines.