The Research On The Definition Of Procuratorial Organs In The Environmental Public Interest Litigation

Environmental problems are the inevitable product in the developmentof human society history. Since the reform and opening, our country hasgradually realized the important role of environmental protection and itsstrategic significance. Reflected in the areas of law, it is constantlypaying attention to the protection of environmental protection, bringingenvironmental protection to the orbit of legalization and systematize.However, Public Interest Litigation is not a concept on law. In order tofind legal basis for Public Interest Litigation need, theorists andpractice workers proceed from respective fields, enter into theoryinnovation, try to practice the operation, by degrees forming some basictheories of Public Interest Litigation. But among all these, we still findthe authority discuss insufficient. Now we are facing a time when boththe procedure laws are under modification, in which the Criminal ProcedureLaw has been revised while the draft of Civil Procedure Law is on the nail.In other words, we can’t provide enough legal support for Public InterestLitigation. Based on the above background, the paper combines legislationand theoretical research results from both in and out of the country tomake comprehensive analysis.In the first section, author parses correlative concepts and characteristics of Environment Public Interest Litigation and brings inlegislation and practice activities. Though the method of comparative lawresearch, we can comprehend foreign operational mode and internationallegislation trend, preparing for approach of Public Interest Litigationto international community.In the second section, author point out that China, in the currentenvironment, has done quite a number of efforts for Environment PublicInterest Litigation through the introduction of Chinese procuratorialorgans and relevant authorities’ exploration and experience in thepractice. However, we are still facing a lack of institutions. We can alsofind that Environment Public Interest Litigation in China shows imbalanceof regional development. District experiments under the guide of SupremePeople’s Procuratorate are in progress and obtain some achievements.Still, we can’t ignore the deficiency, which is why author try to maketheoretic construction in the following text.In the third section, author proves that procuratorial organs, as amember of the Public power department, have the feasibility and necessityto intervene Public Interest Litigation, especially Environment PublicInterest Litigation from history origin and reality needs. By analyzingthis, we can learn that it’s not the first time that procuratorial organsintervening Public Interest Litigation in Chinese procuratorial history.Moreover, legislative, executive and judicial departments all showsupport attitude to the measure which lays foundation for setting adominant position of procuratorial organs in Environment Public InterestLitigation.In the fourth section, author tends to construct the definition ofEnvironment Public Interest Litigation from aspects as subjectqualification, prosecution sequence and sanction power. To build this,author thinks that modern Public Interest Litigation should be an open litigation under certain restrictions, while prosecution subjectpresents diverse and procuratorial organs shall be at the last securitystatus. Meanwhile, Special attention must be paid to the provisions ofsanctions power.The whole paper advances from aboard to domestic, practice to theoryto discover problems and solve them, aiming at reaching the coherence oflogic eventually.