| As a new type of litigation, environmental public interest litigation, refers that individuals, organizations or national institutions in order to safeguard the environmental right of national,collective and society or the majority of people, bring a lawsuit according to certain law. According to the difference of respondent, it can be divided into civil litigation of public environmental interest and administrative litigation of public environmental interest. In presendent,as the environmental pollution intensified, it has been being threating human health and survival seriously. The establishment of environmental public interest litigation system has become a consensus in many countries; its necessity is self-evident.However, who has the qualifications on behalf of environmental public interest litigation to the courts, every national is very inconsistent. In our country, among the environmental public interest litigation cases that has taken place, most of the proceedings were started by the general public;although the case proceedings launched by the Procuratorate was not a minority, but they are all subject to the "passive" Start of public reporting and then take this procedures (Here is tentatively called environmental public interest litigation, because there is not statutory environmental public interest litigation in current).But among the cases brought by the Procuratorate, what legal status dose the Procuratorate take is different in each case. So what kind of legal status should the Procuratorate take in our prosecution of environmental public interest litigation? In this paper, through the presentation of the prosecution home and abroad, using historical, comparative, logical methods of analysis,we discussed the legal status in our prosecution of environmental public interest litigation in the future, and raised some recommendations to build environmental public interest litigation system. |
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