Research On The Pre-litigation Procuratorial Suggestion System Of Environmental Administrative Public Interest Litigation

Since the eight-year environmental administrative public interest litigation from pilot to comprehensive promotion,the pre-litigation procuratorial suggestion system of environmental administrative public interest litigation(hereinafter referred to as "pre-litigation procuratorial suggestion system ")has played an important role in case diversion and saving judicial resources.The vast majority of cases can be solved by the procuratorial suggestion before the prosecution,and the system plays an important role in supervising the administration and public welfare protection.The pre-litigation procuratorial suggestion system urges the administrative organs to actively perform their duties in a soft way,and achieves the purpose of protecting national interests and social public interests with the lowest judicial cost.By analyzing the data of the pilot period and the comprehensive promotion,it can also be seen that the application of the pre-litigation procuratorial suggestion system has enabled more than 90%of environmental administrative public interest litigation cases to be closed before litigation,which has opened up a new feasibility path for the maintenance of public welfare.However,as a system that is still in its infancy,coupled with the lack of relevant experience,there will inevitably be various problems in practice.Although the current ’Administrative Procedure Law ’ and the ’ Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases ’(hereinafter referred to as ’ Interpretation’)jointly issued by the Supreme People ’s Court and the Supreme People ’s Procuratorate in 2018 have made some basic provisions on the problems encountered in the operation of the pre-litigation procuratorial suggestion system,it is still not perfect.In view of this,it is still necessary to conduct in-depth discussion and analysis of China’s pre-litigation procuratorial suggestion system from the following aspects:First,through the analysis of typical cases in judicial practice,the problems existing in the operation of China ’s prelitigation procuratorial suggestion system are introduced.Secondly,in order to further clarify the specific connotation of the pre-litigation procuratorial suggestion system,the concept and theoretical basis of the system are explained.Then,it examines the legislative and judicial status quo of the pre-litigation procuratorial suggestion system in practice,and summarizes the main problems in the judicial operation of the pre-litigation procuratorial suggestion system centered on the three stages of producing and issuing procuratorial suggestions.For example,the investigation and consultation mechanism before issuing procuratorial suggestions is not perfect,the specific operation in the process of issuing procuratorial suggestions is not standardized,and the supervision and implementation and performance judgment mechanism after issuing procuratorial suggestions are not perfect.Finally,in view of the above problems in judicial practice,combined with China’s existing system and judicial rules,put forward clear and feasible solutions.It includes strengthening the investigation and verification power of procuratorial organs,increasing consultation links to improve the communication mechanism,standardizing the content of procuratorial suggestions,constructing the disclosure system of procuratorial suggestions,setting up diversified performance standards,setting up the flexible period for administrative organs to perform their duties,and implementing the supervision and relief work of pre-litigation procuratorial suggestions,so as to improve China’s pre-litigation procuratorial suggestion system and give full play to its function of protecting environmental public welfare.