检察机关提起环境行政公益诉讼前置程序的制度分析及其完善

作为环境行政公益诉讼一环的前置程序尚未形成一套完整的制度运作体系。国家行政机关保护公共环境利益具有先天的优势,前置程序给行政机关一个缓冲期间,行政机关及时纠正之前不当的行为既可以充分履行自己的职责,又能够节约司法资源,促进环境行政公益诉讼案件的高效解决。环境行政公益诉讼前置程序运作中,应明确行政机关履行职责的判定标准,设置前置程序的合理期限,建立前置程序的豁免,以及检察建议的说理制度。

Analysis on the Environmental Administrative Public Interest Litigation Initiated by the Procuratorial Organ and Improvement

As a pre-procedure of Environmental Administrative Public Interest Litigation,it has not formed a complete system of operation.The executive branch has an inherent advantage in protecting the public interest in the environment,and by giving the executive branch a buffer period,the executive branch is able to fully perform its duties by promptly correcting previous misconduct,it can also save judicial resources and promote the efficient resolution of Environmental Administrative Public Interest Litigation cases.In the operation of the pre-procedure of Environmental Administrative Public Interest Litigation,it is necessary to make clear the judgment standard for the executive branch to perform its duties;set a reasonable time limit for the pre-procedure,and establish the exemption system of the pre-procedure and the reasoning system of the procuratorial suggestion.