Research On The Exertion Of Procuratorial Function In Environmental Civil Public Interest Litigation

As the first type of public interest litigation to establish the identity of the prosecution subject of the procuratorial organ,procuratorial environmental civil public interest litigation has played a unique role in making up for the lack of environmental administrative law enforcement,giving full play to the efficiency of environmental justice and maintaining the public interest of ecological environment.The procuratorial organ has the dual identity of China’s legal supervision organ and "public interest litigation prosecutor",shows its professional ability and level in bringing environmental civil public interest litigation,and has made outstanding achievements in judicial practice.In the new era,in order to give full play to the "public interest representative" and legal supervision functions of procuratorial organs,we should also constantly explore effective,orderly and systematic rules for procuratorial performance of environmental civil public interest litigation.The formation and development of environmental civil public interest litigation procuratorial theory is based on China’s traditional civil litigation theory.It is not only the development of environmental justice to civil litigation theory,but also the result of the role of procuratorial supervision in environmental protection in the new era.Although the legal supervision function of procuratorial organs in the field of ecological and environmental public welfare protection has experienced the transformation from the general supervision of supervising the implementation of environmental laws to the professional supervision of establishing the procuratorial function of environmental civil public welfare litigation,there are still some obstacles in performing their duties at this stage.Procuratorial organs at all levels do not have a professional procuratorial case handling mechanism and level of environmental civil public interest litigation,lack of coordination and cooperation among the "four procuratorial" functions within the procuratorial organ,lack of effective communication mechanism between the outside of the procuratorial organ and other responsible subjects,poor cooperation effect of "pluralistic Co governance",and unsatisfactory actual supervision effect of pre litigation procuratorial suggestions,It is difficult to guarantee the accurate implementation of post litigation ecological environment restoration.At the same time,when performing the procuratorial and supervisory function of environmental civil public interest litigation in the form of litigation,there is a problem of litigation right conflict.It is urgent for relevant laws to design and distinguish the litigation rights of various environmental public interest litigation.In the new era,we should actively and steadily promote the development of the procuratorial function of environmental civil public interest litigation.The procuratorial organ should strengthen theoretical research and thinking,clarify the supervision essence of the procuratorial function of environmental civil public interest litigation,follow the nature and characteristics of the procuratorial supervision power,and avoid the improper exercise of power.The internal functions of the procuratorial organ should strengthen the linkage and cooperation,realize the comprehensive coordination and full development of various procuratorial work,pursue the overall case handling quality and efficiency of the procuratorial organ,fully respect the priority of ecological environment administrative law enforcement in the performance of duties,and avoid the abuse of power.At the same time,we should innovate the duty performance mechanism,establish a long-term communication mechanism between pre litigation and multiple subjects,form a whole process procuratorial supervision system in litigation,promote the meticulous and practical work of procuratorial supervision,and promote the organic connection and mutual coordination between the legal supervision of procuratorial organs and other types of supervision.Adhere to promoting the diversified rights protection of ecological environmental public welfare,clarify the sequence of prosecution subjects among multiple subjects,and strive to build a diversified ecological environment restoration and governance system,in order to achieve the ultimate goal of "ecological restoration" and realize the fundamental value pursuit of the procuratorial and supervisory function of environmental civil public welfare litigation.