A Study On The Issue Of Environmental Civil Public Interest Litigation In China 's Procuratorial Organs

In recent years, with the rapid development of national economy, the behavior against the environmental often occurs, and had a much worse trend, the public interest of the environment is hurt seriously. Nowadays, how to remedy the infringement on the ecological state of the environment by the prosecution has become the moment to carry out our work in a new field. In the domestic judicial practice, many local procuratorate for environmental violations, have filed a number of lawsuits, played a good effect, and the theory of Environmental Public Interest Litigation undertaken by scholars to provide a good practice material.Civil Procedure Law in 2012 revised a new addition on the terms of public interest litigation, which marked the establishment of the regime in China. However, who will start the program did not explicitly expressed, only described as "relevant bodies and organizations prescribed by law", whether procuratorate fall into this category, which caused extensive academic discussions. In July 2015 the National People’s Congress Standing Committee issued a "public interest litigation prosecution pilot decision"(hereinafter referred to as the "Decision"), the "Decision" authorizing the Supreme Procuratorate to carry out a pilot public interest litigation in a number of areas, areas of ecological environment is its practice important areas. In the same month, the Supreme People’s Procuratorate issued a "public prosecution filed public interest litigation pilot program"(hereinafter referred to as "the program") marks the official launch of the pilot practices. Pilot does not negate the pilot areas outside the prosecution filed public interest litigation privilege, just sets out the implementation details of the prosecution pilot areas should follow the Supreme Court, Supreme Procuratorate to develop pilot practice to summarize the experience, and then refined Procuratorial and specifications of environmental civil litigation procedures. In February, the Supreme Court issued a "People’s Court People’s Procuratorate filed public interest litigation Pilot Measures"(hereinafter referred to as "working methods"), the "working methods" of the pilot Regional Prosecution Office filed a lawsuit status public interest litigation, the litigation rights, pre procedures were simple rules to promote the smooth development of experimental work. Therefore, at present it can be said prosecutors have generally having a public interest litigation plaintiff qualification to "constitutional" provisions of Article 129 of the law of supervision can be regarded as public interest litigation to constitutional prosecution sources.This paper is divided into five parts:The first part is an introduction. This section describes the research background, research the prosecution filed public interest litigation environment practical significance, researching methods on Procuratorial machine Lift Status of Environmental Public Interest Litigation, and article writing.The second part describes the cases and controversial issues are summarized. In this section, we have selected three cases to prosecutors filed a civil public interest litigation environment, and problem cases summarized.The third part is the theoretical analysis. Litigation cases reflect the status of the prosecution is not clear whether the set pre-litigation procedure, prosecutors and other prosecution pick the subject of proceedings and other issues one by one analysis.The fourth part is to improve some of the recommendations of the prosecution filed a civil public interest litigation environment. Through this paper analyzes the case put forward some specific suggestions to the development of the system change will be beneficial.