Study On The Procuratorial Organ Environmental Public Interest Litigation

With the development of economy and society, environmental pollution incidents gradually increased. The traditional administrative supervision and punishment, private environment infringement claims, can not protect the environment and public interests. To this end, there is an urgent need to discuss and determine the subject of environmental public interest litigation, most prominent in existing government administrative agencies, prosecutors, citizens and environmental groups in the environmental protection of individuals and organizations, prosecutorial authorities bear the responsibility of environmental public interest litigation. In this paper, the system of procuratorial organs as a subject of public interest litigation advantage, specifically discusses two aspects of the theoretical basis and practical experience. On a legitimate basis for the justification of this system, specific litigation system are emphasized.The first chapter describes the basic concepts of environmental public interest litigation. Public interest litigation as an independent court system, different from the traditional private interest litigation, has its own unique characteristics and significance. Environmental public interest litigation is a concentrated expression of the system of public interest litigation in environmental protection in foreign countries and China’s legislative and judicial practice has been widely discussed and accepted.The second chapter specific study three types of main environmental public interest litigation:the national government agencies, prosecutors, civic and social organizations.Analyze their advantages and disadvantages.Chapter III of the prosecution in environmental public interest litigation advantage, compared to the other subject of litigation, the prosecution filed the environmental public interest litigation has profound theoretical basis and practical experience. By comparing the existing four theories, the authors believe that the more convincing the public trust doctrine. Provide valuable material for specific Litigation Involving foreign and domestic legislative and judicial practice experience. Chapter IV focus on the procuratorial organs instituted environmental public interest litigation in several important aspects, including investigative powers, the cost of litigation, the outcome of the litigation bear. Investigative powers procuratorial authorities fully exercise their litigation rights, the payment of the costs of litigation should consider the public welfare of the litigation, the outcome of the proceedings, including the withdrawal of the suit and mediation, in favor of losing three results.The final chapter, by summing up the main points of the previous chapters, the future legislative and judicial will improve the prosecution filed environmental public interest litigation reference. Academic colleagues and look forward to more in-depth study of the issue.