A Study On The Initiative Of Environmental Prosecution In China

Under rapid economic development, China has faced a serious environmental problems,which, at the dawn of twenty-first Century, lead to a large-scale outbreak of environmental pollution. This consequence not only exerts considerable impact upon public interest and people’s daily life, but also evolves into a series of sophisticated lawsuits associated with environmental litigation, which has become a controversial debate topic in academic circle. An important aspect in this domain is prosecutorial initiative research in environmental litigation.In China’s current procuratorial practices, the procuratorial authority launches its supervision works to the civil litigation and administrative litigation, basically in accordance with the application procedures, but rarely use its procuratorial powers actively in conducting these two kinds of litigation. Environmental litigation includes the environmental civil litigation, criminal litigation and administrative litigation. To protect the environment more efficiently, the government should strengthen the construction of prosecutorial initiative to environmental lawsuits, making the procurators to take the initiative to exercise its procuratorial power in the environmental litigation so as to insure its effectively proceeding.Based on the accurate understanding of the China’s procuratorial initiative in the environment litigations, this paper, in view of its existing problems, presents recommendations to the procuratorial initiative construction and enforcement of procuratorial authority in solving the environmental crime, civil private and civil public interest lawsuits. Thus, it can achieve the goal of environmental protection.