Research on the Pre-Litigation Procedure of Environmental Administrative Public Interest Litigation

在生态文明制度体系要素改革目标驱动下，公益诉讼改革已迈向法治化轨道。诉前程序作为环境行政公益诉讼的前置性监督手段，是检察机关监督行政机关履行环保职能的重要依托。然而，环境行政公益诉讼的主体实操和监督滞后性、客体文书和程序割裂性加剧了诉前程序的低效无序，本文将分析诉前程序中的治理困境，通过规范检察建议文书，明确行政机关履职责任，畅通监督程序，实现环境行政公益诉讼诉前程序的治理转型与法治优化。Driven by the reform goals of the elements of the ecological civilization system, public interest litigation reform has entered the track of the rule of law. As a pre-supervisory measure of environmental administrative public interest litigation, the pre-litigation procedure is an important support for the procuratorial organs to supervise the administrative organs in fulfilling their environmental protection functions. However, the practical operation of the subjects and the lagging supervision, as well as the separation of the objects and procedures, have exacerbated the inefficiency and disorder of the pre-litigation procedure. This paper will analyze the governance predicaments in the pre-litigation procedure, standardize the procuratorial suggestions, clarify the responsibilities of the administrative organs, and smooth the supervision procedures to achieve the governance transformation and legal optimization of the pre-litigation procedure of environmental administrative public interest litigation.