The Procuratorial Authority’s Sanction Power In Environmental Public Interest Litigation

The environmental public interest litigation system is a new system that emerged in the context of increasingly serious environmental pollution.The establishment of this system plays an irreplaceable role in combating environmental pollution and ecological damage.Disposal right is the core right enjoyed by litigants in litigation.However,in public interest litigation,the exercise of the right of disposition by the litigant will involve the punishment of public interest,so it is necessary to impose certain restrictions on the litigant’s disposition of public interest.In environmental public interest litigation,it is required to implement the principle of restricted exercise of the procuratorial authority’s sanction power throughout the litigation stage.At present,the disciplinary powers of procuratorial organs are stipulated in existing laws and judicial interpretations.However,due to the lack of detailed regulations and the lack of specific implementation rules,the problem of lack of supervision of the procuratorial agency’s sanction power in judicial practice has also led to the academic community’s debate on the role of the procuratorial agency in public interest litigation and the interpretation of legal provisions.Therefore,it is necessary to clarify the legal provisions,and use the legal provisions to reasonably regulate the disciplinary power of the procuratorial agency to supervise the exercise of its disciplinary power,so that the national and social public interests can be better protected,and the purpose of establishing environmental public interest litigation can be better realized.To explore the issue of the procuratorial authority’s sanctions in environmental public interest litigation,we must first analyze the procuratorial status of the procuratorial agency,the source of the procuratorial authority’s power of action,and the analysis of the basic concept of the exercise of the procuratorial authority’s sanction power,the issue of the procuratorial status and the source of the power of action It is the basic content related to the basis for the exercise of the disciplinary power of the procuratorial agency and the scope of the exercise of the disciplinary power.The basic concept of the exercise of the disciplinary power of the procuratorial agency is to clarify the theoretical basis for the limited exercise of the procuratorial power to prevent the procuratorial agency from arbitrarily disposing of public rights and even infringing upon the public.Rights to seek private rights.Based on the analysis of the above-mentioned theories,it lays a theoretical foundation for the investigation of the procuratorial authority’s sanction power.On the basis of sorting out the basic theories and related concepts of the procuratorial authority’s sanction power,combined with current laws and regulations,it points out the problems that the environmental public interest litigation system exhibits at the superstructure level.Then through specific cases in judicial practice to analyze the shortcomings of the top-level design reflected in the specific performance in practice.Finally,on the basis of the problems discovered,the procuratorial agency’s sanction power shall be reasonably regulated,and then the procuratorial agency’s sanction power shall be improved in environmental public interest litigation.Through the comprehensive and multi-angle discussion of the procuratorial authority’s sanction power in environmental public interest litigation,it is hoped that while perfecting the procuratorial authority’s sanction power,the optimal protection of national interests and social public interests can be realized.