Research On The Pre-litigation Procedures Of Environmental Administrative Public Interest Litigatio

The pre-litigation procedure of environmental administrative public interest litigation,as a necessary procedure for filing a lawsuit,has the characteristics of statutory pre-litigation.After two years of pilot work on this system,my country has recognized the role of this system in urging administrative organs to correct their mistakes,save litigation costs,and protect damaged environmental public interests.Regulation.However,any system design is the result of the balance of interests of all parties,which means that no legal system can be perfect,and the pre-litigation procedure of environmental administrative public interest litigation is no exception.After studying the operation of the pre-litigation procedure in practice,it is found that there are certain problems in the judicial operation of the system,and these shortcomings hinder the normal development of the system.In order to achieve the goal of the pre-litigation procedure system for environmental administrative public interest litigation,it is necessary to make refined and highly operable provisions for the system.Therefore,this paper mainly conducts research from the following four aspects:The first part explains the basic theory involved in this legal system.Firstly,it explains the basic concept and definition of the pre-litigation procedure of environmental administrative public interest litigation,and revealing the connotation of this system in the legal context of our country is the premise of studying this system.Secondly,it discusses the functions of this system in judicial practice from three aspects: saving judicial costs,giving play to the administrative authority’s priority in managing environmental issues,and balancing the relationship between judicial power and administrative power.Thirdly,it compares and analyzes the pre-procedures of environmental public interest litigation in civil litigation and administrative litigation,in order to accurately understand the commonalities and differences between the two.The second part mainly expounds the current practice of the pre-litigation procedure of environmental administrative public interest litigation.First,sort out the laws and regulations of the system from the pilot stage to the comprehensive legislation stage,and clarify the legislative logic.Only by understanding the legislative evolution of this system in our country can we fully understand the development process of this system in our country.Afterwards,it conducts statistical analysis on the case-handling data and cases released by the Supreme People’s Court on the system,and then summarizes the operating characteristics of the system in practice,so as to gain a practical understanding of the operation of the system in judicial practice.In the third part,the author uses the literature analysis method and case analysis method,and analyzes the statistical data and judicial cases in the second part,and summarizes the shortcomings of the system of environmental administrative public interest litigation pre-litigation procedure in practice.First,due to the procuratorial organ’s dominance in the pre-litigation procedure and the lack of a consultation mechanism,the two-way nature of the pre-litigation procedure is insufficient;second,the scope of case clues is narrow due to the fact that the main source of clues to the case comes from the performance of the procuratorial organ and the lack of participation of multiple parties;third,The law stipulates that the pre-litigation procedure is applied across the board to all cases,without taking into account the circumstances in which it is not necessary to apply the pre-litigation procedure;finally,the pre-litigation procedure and the litigation procedure are not well connected,which is mainly manifested in the inappropriate application of the review standards for the performance of administrative organs,and the procuratorate.The period for the performance of the proposed duties is not properly extended,and the evaluation mechanism and implementation standards for the effectiveness of the procuratorial recommendations are not perfect.The fourth part is the solution to the existing problems.In response to the lack of bidirectionality in pre-litigation procedures,countermeasures are proposed mainly from the establishment of a post-filing consultation mechanism and the establishment of a communication and exchange mechanism for administrative agencies to correct illegal acts;for the problem of a narrow source of case clues,mainly from encouraging the public to report relevant clues,strengthen communication with environmental protection organizations,and establish a cooperation and cooperation mechanism with other state agencies to broaden the scope of the source of clues for cases;for the issue of indiscriminate application of pre-litigation procedures,mainly by increasing the discretion of the procuratorial organs to apply pre-litigation procedures.Consideration;for the problem of poor connection between pre-litigation procedures and litigation procedures,it is mainly improved by establishing a double-standard review system,improving the time limit for the performance of procuratorial suggestions,and refining the evaluation mechanism for the effectiveness of procuratorial suggestions and implementation standards.