Research On Pre-procedure Of Environmental Administrative Public Interest Litigation

After the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China,the environmental administrative public interest litigation system has been established through pilot work and legislative regulations.The Administrative Litigation Law revised on July 1,2017 has made new changes to the environmental administrative public interest litigation system.The regulations,including the establishment of pre-litigation procedures,are a further exploration of the environmental administrative public interest litigation system.According to the trial data of environmental administrative public interest cases,it can be seen that in the four years since the pre-procedure was established in legislation,the number of environmental administrative public interest cases that entered the litigation process has decreased significantly.The implementation of pre-procedures is conducive to administrative supervision.Organs administer according to law and save judicial resources.The article mainly studies the pre-procedure from four parts.First,it briefly summarizes the concept and characteristics of the pre-procedure of environmental administrative public interest litigation,and analyzes the value of the system in practice.Secondly,sort out the development process of the pre-procedures of the environmental administrative public interest litigation system in my country,and propose that the pre-procedures in our country have weak enforcement of procuratorate recommendations,unclear limits on performance of duties,unreasonable deadlines for performance of duties,and transfer of pre-procedures to litigation procedures.The applicable conditions are not clear and other issues.Thirdly,it analyzes the current regulations of pre-procedures in several typical countries outside the region,and summarizes the experience and enlightenment for the improvement of our country’s system.Finally,it puts forward perfect suggestions for the existing problems in the operation of the pre-procedure in our country.A sound legal system is the prerequisite for the pre-procedures to function.Combining with the actual situation that my country’s current pre-procedural legislation is not perfect,the system in our country should be based on the scope,procedures,and format of procuratorate recommendations to improve the enforcement of procuratorate recommendations.Clarify the limits of the performance of the administrative organs,make provisions on the requirements of performance and the consequences of non-performance,in order to increase the enthusiasm of the administrative organs to perform their duties,set the pre-procedure.Reasonably determine the time limit for administrative agencies to perform their duties,optimize the connection between pre-procedures and litigation procedures in the legislative provisions,and attach importance to the existence of pre-procedures and their important role.