Research On The Virtual Pre Litigation Procedure Of Environmental Civil Public Interest Litigation

The pre litigation procedure of environmental civil public interest litigation is the embodiment of respecting the litigation rights of other qualified subjects.It can also prevent the abuse of the litigation rights of procuratorial organs,effectively divert cases and reduce judicial pressure.From the judicial practice,it can be seen that the pre litigation procedure of environmental civil public interest litigation initiated by the procuratorial organ of our country generally has the problem of falsehood,which can be solved from three aspects.First of all,with regard to the subject qualification,the current law stipulates that the organ is limited to the department exercising the right of marine environment supervision,and it is necessary to clarify the public interest litigation right of the environmental protection administrative organ.The number of qualified environmental protection organizations is small,and the access threshold should be appropriately reduced.Secondly,on the issue of specific performance methods of pre litigation procedures,we should take more targeted supervision measures for different qualified plaintiffs,strengthen the support of procuratorial organs for other qualified plaintiffs who file lawsuits after pre litigation procedures,support prosecution and actively guide.At present,the announcement period is set to be short and rigid,which should be appropriately extended and flexibly adjusted according to the specific circumstances,giving the qualified plaintiff time to fully evaluate and consider.Finally,as for the low litigation enthusiasm of qualified plaintiffs,the administrative organs may have a narrow concept of "emphasizing economy over environmental protection",so they should change the governing philosophy of some local governments and create a green government.The main reason for the low willingness of environmental protection organizations to sue is the lack of funds and capacity.It is necessary to actively explore the establishment of the environmental public interest litigation fund system,strengthen external protection,stimulate their litigation enthusiasm,and then enhance the performance of pre litigation procedures.