Research On The Investigation And Verificati On Power Of Procuratorial Organs In Environmental Public Interest Litigation

After more than five years of practice,the procuratorial organs have continuously tried and explored new working methods when handling public good lawsuits.By the end of 2020,the prosecutorial organization had managed about 379,000 public good lawsuits,making a huge contribution to safeguarding public interests.However,both theory and practice have gradually discovered that there are problems that need to be resolved in the operation of the procuratorial agency’s investigation and verification power.Recently,environment public good lawsuits have been increasing year by year.If the investigation and verification power cannot be entirely implemented,it will play its role.It cannot fully play the role of safeguarding environmental interests.In order to entirely safeguard the public environmental profit,this article mainly discusses the survey and verification power of the prosecutorial organization in environment public good lawsuits.This essay introduces the related idea,content and development road of the power of survey and verification in our country’s procuratorate agency from a theoretical level,and combined with practice to help clarify whether the power of investigation and verification is a power or a right,what is the difference with other similar rights and other issues,so as to better understand the prosecution.The nature of the authority to investigate and verify.Environmental public interest litigation has its particularity compared with other litigations.The exercise of the right of survey and verification is essential to the settlement of environmental public good lawsuits.This is also the reason why this article takes environmental public good lawsuits as a detailde background.In environmental public good lawsuits,the focus of survey and verification by the procuratorate agency at different stages or procedures is different.For example,the process of identifying clues in the pre-litigation procedure,issuing procuratorial recommendations,and proceeding with litigation needs to be investigated and verified by the procuratorial agency.If the focus is different,this article hereby carries out a typed analysis.Even though the power of survey and verification is a sharp sword for environmental public interest litigation,we still need to be soberly aware that the power of investigation and verification of procuratorial organs is currently faced with imperfect legislation,single investigation and verification methods,lack of coercive force,and heavy burden of proof.Difficulties such as insufficient appraisal funds.In answer to the aforesaid matters,this essay is based on practice,and proposes to solve the related problems by improving relevant laws,granting compulsory force for survey and verification,lowering certification standards,establishing and improving expert appraisal platforms and environmental damage duty insurance setup.Environment public good lawsuits can better play the role of survey and verification to provide policy-making reference.