Pre Litigation Procedure Of Environmental Administrative Aublic Interest Litigation

The pre litigation procedure of environmental administrative public interest litigation is a procedure adopted by the procuratorial organ to urge the environmental administrative organ to rectify by issuing procuratorial suggestions against the illegal administrative acts or omissions of the environmental administrative organ.The pre litigation procedure is different from the litigation procedure and has its independent value.The procuratorial organ can issue procuratorial suggestions to the environmental administrative organ for rectification before the commencement of the litigation procedure,This measure has not violated the administrative law enforcement power of the environmental administrative organ,but also implemented the power of procuratorial supervision from the perspective of the procuratorial organ,effectively balancing the law enforcement power of the environmental administrative organ and the procuratorial suggestion power of the procuratorial organ,while saving judicial resources and improving judicial efficiency.However,in the specific judicial practice,the independent value of the pre litigation procedure of environmental administrative public interest litigation has not been fully guaranteed,and the independent function of the pre litigation procedure has not been fully exerted.The procuratorial organ has not made full use of the pre litigation procedure to supervise and rectify the illegal acts of environmental administrative organs,so the pre litigation procedure is suspected of becoming a subsidiary procedure of the environmental administrative public interest litigation procedure.The main reason is that the pre litigation procedure of environmental administrative public interest litigation lacks the guidance of specific legal norms,and its enforceability is weakened due to the lack of guidance of legal norms in the specific implementation process.On the one hand,the prosecutorial suggestions are lack of standardization,which leads to the lack of authority of the prosecutorial suggestions made by the procuratorial organs,mainly reflected in the lack of standardization and unity of the content of the prosecutorial suggestions issued by the procuratorial organs,the lack of flexibility in the provisions of the prosecutorial suggestions on the time limit for environmental administrative organs to perform their duties,and the lack of clear and unified provisions of the prosecutorial organs on the standards for environmental administrative organs to perform their duties;On the other hand,because the procuratorial organ is not a professional environmental procuratorial organ,it cannot make a professional judgment on the administrative acts of environmental administrative organs,so it is difficult to investigate and collect evidence;At the same time,the connection between the pre litigation procedure and the litigation procedure is also ambiguous,and the procuratorial organ brings a lawsuit in disregard of the rectification action of the environmental administrative organ,which makes the environmental administrative organ unable to get rid of the fate of being sued even if it takes rectification measures.The pre litigation procedure of the environmental administrative public interest litigation is virtually non-existent,which has hit the enthusiasm of the environmental administrative organ to take rectification measures.Based on the analysis of the defects in the pre litigation procedure of environmental administrative public interest litigation in China,this paper proposes improvement measures from four aspects: improving the content of the procuratorial proposal,defining the standards for environmental administrative organs to perform their duties,fully guaranteeing the procuratorial organs’ right to investigate and obtain evidence,and unblocking the connection between the pre litigation procedure and the litigation procedure,so as to ensure that the pre litigation procedure of environmental administrative public interest litigation can play an independent role and eliminate environmental cases in the pre litigation procedure stage,In order to achieve the diversion of cases,save judicial resources,and maximize the protection of public interests from illegal infringement.