Study On The Subject Qualification Of Citizen Prosecution In Environmental Administrative Public Interest Litigation

The protection of the environment and ecological resources has become an important long-term plan for people’s well-being and the future of the nation.As an important legal system for protecting the environment,the environmental public interest litigation system is divided into two main systems: environmental civil public interest litigation and environmental administrative public interest litigation.Under the leadership of the procuratorial authorities,the environmental administrative public interest litigation system has made significant breakthroughs in promoting environmental protection and environmental restoration,supervising the inaction and misconduct of administrative organs,and safeguarding national interests and social welfare.However,a compilation of cases in practice shows that the tendency to "’nationalise’" a single subject has revealed a lack of prominence in the pre-litigation process,a lack of personal experience,an imperfect mechanism for the procuratorate to source cases after the litigation process,and a gap between the focus of the procuratorate’s prosecution and the concerns of citizens.In order to avoid the emergence of social interests that lead to excessive state responsibility,other social subjects should be actively introduced to further protect the environment on which we depend and safeguard public environmental interests.As the most widespread environmental subject,citizens can play a role in monitoring administrative actions,protecting the public interest,expressing their demands and sharing social responsibility.In order to achieve the objectives of the system and its long-term development,citizens should be included as subjects of litigation and provided with institutional encouragement and support.The protection of the environment and ecological diversity has become a major long-term concern for people’s well-being and the future of the nation.The first is an empirical analysis of the current situation of environmental administrative public interest litigation under a single institution,in which the problems include the pre-litigation recommendations of the procuratorate being "flexible" but not "rigid",the lack of time efficiency and personal experience,and the lack of information sharing mechanisms,The main reasons for this are the lack of socialisation of environmental administrative public interest litigation,the failure to mobilise citizens,the lack of leads for prosecution,the tendency to choose cases that are not sufficiently responsive to citizens’ expectations,the lack of protection,and the legal restrictions that lead to insufficient supervision of administrative organs in litigation.The legal limitations have led to insufficient monitoring of the environment by the citizens in relation to litigation.Consequently,in order to make up for the shortcomings of a single subject,it is proposed that the main body of the system should be "socialized" and transformed to expand and give citizens the right to environmental administrative litigation.Furthermore,the necessity and feasibility of expanding the subject matter of environmental administrative litigation is addressed through citizen oversight,strengthening the rigidity of pre-litigation recommendations,public participation and thus reducing the time cost of pollution discovery,expanding the sources of clues,enhancing the intimacy of cases and addressing the needs of citizens.Finally,in order to solve the above possible problems,from the expansion of citizens’ intellectual property rights,clear conditions for citizens to sue,standardize citizens’ procedures and improve citizens’ environmental awareness,etc.to put forward the corresponding system concept,and promote the continuous improvement of the environmental administrative public interest litigation system.