Study On Of Theory The Environmental Public Interest Litigation Proposed By Prosecution Institution

With prosperous development of Chinese economy in recent years, people's living standard averagely improved, however, environmental pollution becomes prominent increasable. China is facing severe environmental crisis. With twenty years of legislative efforts, Chinese environmental law begins to become as a system. Environmental laws display unprecedented prosperity, but our environment is constantly deteriorating. Environment pollution and ecological damage were not controlled effectively and even become worse. According to our traditional theory of right appeal of action, we can not take effective restriction and sanctions on those who damage the environment public interests without punishment as environmental interest legist ration lack of appropriate appeal body. Therefore,in the case of no one or nobody who is unwilling to prosecute against those who illegally damaged environmental interests, Prosecution Department, as a state representative and defender of public interest, it litigates as a powerful national public involvement, complied with national law prosecution and responsibility of its function as the supervisor of national institution. Prosecution Department litigate against environmental interest has become a new field worth of research and exploration for prosecution institution. The paper separately explores Prosecution Institution litigating against environmental civil interest and its role in environment from the role of prosecution institute actively join in or litigate directly and try to design it properly.Firstly, the paper explores the environmental public interests litigate of development, property and character, category and value, and it analyses theory research in environmental public interest litigation and judicial practice. Secondly, it do research on Chinese Prosecution Institute's theory base on environmental public interest litigation, and it explores the supporting evidence under the frame of Chinese current legal system. Finally, it puts forward the Chinese Prosecution Institution's construction from the scope of environmental litigation scope, status; limited rights of appeal and legislation proposals on the base of exploring foreign Prosecution Institution litigate against environmental public interests.