Research On Legal Issues Of Environmental Administrative Public Interest Litigation Initiated By Inner Mongolia Procuratorate

In recent years,social and economic development has led to an increase in environmental problems,and a large part of the cause of environmental pollution and ecological damage is that the administrative agency with supervisory and management duties does not perform its due responsibility for environmental protection and supervision,or its due responsibilities.The chaos has caused the continuous destruction of environmental public interests,and has severely affected the people’s living environment.The Standing Committee of the National People’s Congress empowers the procuratorial organs to initiate environmental administrative public interest litigation by means of legal authorization.If the omission or misconduct of the administrative organ with supervisory responsibilities causes damage to the environmental public interest,it can initiate environmental administrative public interest litigation in accordance with the law.The purpose of the system is to supervise the administrative agency to better perform its statutory supervision duties and protect the public interest of the environment from harm.However,many problems were discovered in the actual practice.This article takes the environmental administrative public interest litigation cases filed by the procuratorial organs of the Inner Mongolia Autonomous Region as a perspective,and starts with the environmental administrative public interest litigation cases accepted by the courts in the Inner Mongolia region in the past five years.Based on the analysis of the environmental administrative public interest litigation theory and practice,it is targeted A comprehensive analysis of 238 environmental administrative public interest litigation cases,and through corresponding typical cases as arguments,a targeted analysis showed that the current Inner Mongolia regional prosecutors’ environmental administrative public interest litigation cases such as unclear standards for accepting cases are based on the results.Orientation as the review standard of the accused administrative action;pre-litigation procuratorial recommendations are formalized and insufficiently effective;the distribution of burden of proof between the two parties is unreasonable;the content of the judgment document is unified and formalized,and the problems of post-litigation enforcement have not been fully implemented.On the basis of analysis,a series of targeted cases such as clear acceptance standards;behavior standards as the review standards of the accused administrative actions;optimization of the pre-litigation prosecution suggestion procedures;scientific division of the burden of proof;improvement and refinement of judgment documents and improvement of litigation The countermeasures after the implementation of the procedures are expected to be able to establish a more complete environmental administrative public interest litigation system.