Problems And Countermeasures Of Procuratorial Organs’ Participation In Environmental Administrative Public Interest Litigation

Environmental resources are the common wealth of human society.Damage to environmental resources is damage to the interests of every member of society.In order to better safeguard environmental public welfare and protect environmental resources,the procuratorial organs are endowed with the right to prosecute environmental administrative public interest litigation,which is the need of practice and development in the new era and the embodiment of the responsibility of procuratorial organs.China’s current system of environmental administrative public interest litigation is still in its infancy There are some problems,such as improper procedure connection,expansion of the scope of litigation,vague cost bearing,excessive burden of proof,narrow source of clues,and barriers of jurisdiction courts,which have brought many obstacles to the long-term development of environmental administrative public interest litigation in China.The nature and authority of the procuratorial organs are taken as the starting point of this paper,which discusses the relationship between the procuratorial organs and the public interest litigation of environmental administration,and analyzes the current situation after the procuratorial organs are granted the right of public interest litigation of environmental administration,and put forward the environmental administrative public welfare lawsuit brought by the procuratorates procuratorial suggestion formalization,have different scope of prosecution,the court litigation cost pressure big,the burden of proof for dispute,understanding,perform their duties according to rigid,limited by the jurisdiction of the court and diversified issues.In order to improve the environmental administrative public interest litigation based on China’s national conditions and learn from the experience of foreign litigation models,the paper puts forward a perfect procedure linking mechanism,focusing on the improvement of the content and form of procuratorial Suggestions.Clear the scope of litigation and litigation costs bear,reduce the cost of the court to improve the enthusiasm of the trial,reduce the dispute in litigation practice;To clarify the burden of proof and reduce the burden of proof of procuratorial organs;Expand the interpretation of the requirements to perform their duties,play the roleof public and public opinion supervision to broaden the source of the case clues;In order to reduce disputes and maintain the justice of judgment,we should specify and centralize the Suggestions of the court of jurisdiction.