On The Environment, Civil Prosecution System

In fact, the damages of social public environmental interests cannot be relieved. One reason why the question cannot be solved is the absence of the suitable plaintiff. Therefore, the system of environmental civil public prosecution should be established as soon as possible in our country, which endows the prosecutor with rights (or powers) of bringing civil actions in a certain scope. Firstly, this article defines the concept of civil public prosecution, action of environmental public interests and environmental civil public prosecution. According to the traditional theory and practice, it is necessary to make the plaintiff of environmental civil public cases sure. Secondly, many countries in their own law practice adopt the system of civil public prosecution. Meanwhile, Chinese legislation had endowed the prosecutor with rights (or powers) of bringing civil actions in same cases, and the prosecutor did deal with cases by such way in practice. It has the validity, rationality and necessity to establish the system of civil public prosecution and put forward ways to settle environmental public problems. Though many other objects, such as individual, environmental organizations, and administrative can bring environmental civil public action, prosecutor is more suitable than these. In the last part of the article, the author drafts the specific institution of the system.