Theoretical Discussion For Chinese Prosecution Organ To Propose Environmental Public Litigation

In recent years, with the deepening of our country's reformation and opening up, the national interest and social public interest have been increasingly harmed, and such interests can not be availably protected through the currently practiced litigation.Whether it is necessary to set up the system of presenting system of public prosecution by the prosecutorial organization and how to set up such a system has become an important subject noticed the academicians.The traditional law theory regards that litigation is a way of solving the trouble and a relieving measure with which any subject of rights can make a lawsuit for gaining a protection by the judicial organ, when it is subjected to harm on its private right and interest. However, the legal system is an inevitable reflection of social economic life, and the economic development can inevitably bring forth the complexity of social problems, especially, since 20th century, there has appeared various problems such as industry monopolization and environment pollution, in which the involved harmed subjects are weaker in strength and more in number, and are hard to protect their own legal rights and interests through the traditional litigation and simultaneously, such problems have also brought forth severe threatening to the public interest. Many countries' governments permit the prosecutorial organizations that bear the work of supporting State's public prosecutions on criminal affairs to make and participate in the public prosecution. Especially as to any litigation involving the national and social public interests, the prosecutorial organization can present an independent public prosecution.Here the penman, through making an analysis on the origin and development of the system that any system of environmental public prosecution may be presented by the prosecutorial organization with principally using the methods of history review and the law comparing and also a deep review on Chinese actual national condition, obtains a conclusion that in our country, accepting a way of presenting a system of environmental public prosecution the prosecutorial organization is necessary and feasible. On such a base, the penman puts forward a primary design on the system of presenting system of environmental public prosecution by the prosecutorial organization in our country.This article, except foreword and backward, is divided into following three parts:Part 1 is about a history review on the system of public prosecution, which make a review of the legal histories of UK and USA, mainland and socialist countries as well as the historic development of our country's system of presenting public prosecution the prosecutorial organization with principally using the methods of history analyzing and transversely comparing so as to provide sufficient datum for re-building the system of presenting public prosecution by the prosecutorial organization in our country. Followed, are about the principal problems and reasons existing in our country's litigation. It shows the ideal way of analyzing and solving such problems and then brings out the analysis on the system of presenting civil action by the prosecutorial organization.Part 2 is about the theory probing on our country's system of presenting environmental public prosecution by the prosecutorial organization. Firstly, it makes an analysis on the theory fundament of our country's system of presenting environmental public prosecution by the prosecutorial organization. Then, it Iv probes the necessity and feasibility of our country's system of presenting environmental public prosecution by the prosecutorial organization.Part 3 is about the design of our country's system of presenting environmental public prosecution by the prosecutorial organization. The penman here initially presents the basic structure of our country's system of presenting environmental public prosecution by the prosecutorial organization. In the system content, it firstly draws the extent of presenting environmental public prosecution by the prosecutorial organization and then puts forward its own opinion on the lawsuit status of the prosecutorial organization in its presented environmental public prosecution as well as its own right and obligation in the subject and program.