Research On Pre-Litigation Procedure Of Environmental Public Interest Litigation In Procuratorial

The environmental public interest litigation system of the procuratorial organs has been in full operation for five years since the pilot was launched in 2017.The environmental public interest litigation has also achieved fruitful results under the efforts of the procuratorial organs,which plays an important role in promoting the environmental pollution control and ecological restoration in China.As the important content of environmental public interest litigation system before litigation procedure,in the judicial practice to help resolve the vast majority of cases,to win the blue sky,pure made an important contribution to the "three big battle",highlights the "before litigation to protect environmental public interest is the best state of judicial" independent legal value,has become the important features of environmental public interest litigation system in China.However,as a new system,there will inevitably be some loopholes in the beginning of the system,which restrict the play of procedural value.Therefore,it is of great practical significance to study the procedure before litigation.This paper analyzes and studies the pre-litigation procedure of environmental public interest litigation of procuratorial organs,deeply analyzes the existing problems,and puts forward corresponding countermeasures and suggestions.The article is divided into four parts.The first part investigates the background,concept,function,pre-lawsuit procedure and litigation procedure of the environmental public interest litigation system of the procuratorial organ in China from the institutional level.The second part to the highest detection in recent years the annual work report,intelligence test platform construction situation,the latest typical cases prosecutors environment public interest litigation and introduced the basis of the relevant judicial interpretations,four problems of inductive program before litigation,including case clues to channel narrow,prepositional procedure before civil lawsuit vacancy,procuratorial organs investigation means lack of legal guarantee rigidity,The deadline for public notice before prosecution and the deadline for supervising and urging the implementation of procuratorial suggestions are rigid.Combined with the case and judicial data,the existing problems are deeply analyzed and investigated.The third part,by comparing environmental public interest litigation systems outside China,explores advanced experience and practices outside China,and reflects on the problems existing in China’s pre-litigation procedure system,and extracts beneficial experience that may be suitable for China’s national conditions for reference.The fourth part of the article pointed out that there are problems in the system of pre-litigation procedures one by one to respond to the proposed countermeasures and suggestions.