Research On Improving Procuratorial Environmental Public Interest Litigation Legislation

Procuratorial environmental public interest litigation is an important means to protect the ecological environment and safeguard the public interests,and it is an environmental governance mode with Chinese characteristics.Procuratorial environmental public interest litigation has great development potential,and plays an important role in preventing environmental damage and stopping infringement in time.With the development of judicial practice,the new era has put forward higher requirements for the public interest litigation in the procuratorial environment.However,the procuratorial environment public interest litigation is insufficient in the system standard,and the improvement of the legislation is the necessary premise for the development of litigation.This thesis analyzes the legislative deficiency of public interest litigation in procuratorial environment,and provides suggestions for the optimization of litigation from the perspective of comparative study and case analysis,so as to do our best.After long-term development,China’s procuratorial environment public interest litigation legislation has been relatively mature.However,from the perspective of specific content,there are problems in the litigation status of procuratorial organs,the litigation connection,the standardization before litigation and the support for prosecution,which increase the difficulty of procuratorial organs in the practical work.Due to the lack of operability of legal norms,the local people’s procuratorates may have different handling results when handling similar cases.This thesis takes procuratorial environment public interest litigation as the research object,discusses the basic theory of procuratorial environment public interest litigation,analyzes the shortcomings of its legislative level,and combines the relevant legislative experience outside the region,and provides suggestions for the legislative improvement of procuratorial environment public interest litigation in China.This article addresses the issues from five perspectives:The first part of this article is an introduction.This article introduces the background of the establishment and implementation of the environmental public interest litigation in procuratorial environment and the significance of studying the system,and summarizes and comments on the current research situation at home and abroad.The second part is an overview of the public interest litigation in the procuratorial environment.This thesis introduces the background,connotation,theoretical basis and basic principles of procuratorial environmental public interest litigation,and clarifies the purpose of maintaining procuratorial environmental public interest litigation.The third part is the lack of legislation of public interest litigation in procuratorial environment in China.The lack of legislation in litigation status,litigation connection,pre-litigation norms and support for prosecution has affected the high-quality development of public interest litigation in the procuratorial environment,which needs to be improved as soon as possible.The fourth part is the legislative experience of environmental public interest litigation outside the region.Environmental public interest litigation has global characteristics.The United States,France,Germany and other countries have made legal provisions on the participation of procuratorial organs in public interest litigation,and its experience and program have reference significance for improving the practical application of procuratorial public interest litigation.The fifth part is the legislative improvement suggestion of procuratorial environmental public interest litigation.On the whole,improve the procuratorial public interest litigation laws and regulations.In specific aspects,first,improve the litigation status of the procuratorial organ;second,handle the litigation connection of public interest litigation in the procuratorial environment;third,refine the content of norms before litigation,try to resolve disputes before litigation;fourth,strengthen the support of prosecution work to realize the purpose of saving judicial resources and improving litigation efficiency.Public interest litigation of procuratorial environment is an important content of procuratorial system in the new era.As one of the priorities of procuratorial organs,it is related to the future development of procuratorial organs.Improving the legislation of public interest litigation in the procuratorial environment can promote the healthy development of the judicial practice in the procuratorial work,which is of great significance for strengthening the ecological environment governance.