Research On Procuratorate Filed The Legal Problems Of The Environmental Public Interest Litigation

In recently years, public interest litigation is not only often being discussed in the theory circles and the judicial practice fields, but also as a deep study subject by many scholars who have different opinions. The large system of public interest litigation can be complied into a book, the macro level research in the theory circle has the same conclusion, but relates to public interest litigation in some detail problems are still controversial by many scholars. Such as in environmental public interest litigation, the problem of procuratorial organs as plaintiff is feasible or not, different scholars have different opinions.Currently, the system of environmental public interest litigation has not been established in China, the research on environmental public interest litigation only stay in theory circles, it is may be said empty talk. However, last year, the new practical cases of environmental public interest litigation which appeared in different provinces, relocate the new direction and new trend of procuratorial organs in environmental public interest litigation, also, it provides new practical material for the environmental public interest litigation construction.About the plaintiff qualification of procuratorial organs in the environmental public interest litigation, the theory circles and the judicial practice fields have great differences. This thesis is based on this point, according to theoretical foundation and concrete system design to state respectively.The content of this thesis is divided into four parts, as follows:Chapter1is the introduction of public interest litigation. First, the author through simply describes the connotation of public interest to get the connotation of public interest litigation. Second, through brief introduction of public interest litigation to get the meaning and characteristics of environmental public interest litigation. Finally, the author defines three kinds of plaintiff in environmental public interest litigation. Chapter2is the feasible research of procuratorial organs in environmental public interest litigation. The author first summed up cases of procuratorial organs in environmental public interest litigation nearly one or two years, then from the theoretical basis, realistic basis and the advantages which procuratorial organs in environmental public interest litigation to analyze.Chapter3is mainly analyzing the obstacles and solutions of procuratorate as the plaintiff. From the existing theory against the procuratorial organs for environmental public interest litigation the plaintiffs viewpoint of analysis procuratorial organs mention environmental public interest litigation, the problems of legislative reform at present in China and has made new breakthrough and the developing trend in the future.Chapter4is mainly about the system design of procuratorate brought environmental public interest litigation. Through the theory, the author puts forward his own viewpoint: procuratorate as the plaintiff of environmental public interest litigation is feasible, to implement specific system design, the procuratorial organs in the environmental public interest litigation as the plaintiff, and a series of concrete system design and problems should be paid attention to.