Environmental Public Interest Litigation Plaintiff Qualification Of The Prosecution

our country to speed up the process of industrialization, economic made great progress at the same time, we see many parts of the pattern of economic development at the expense of the damage to the environment:the destructive exploitation of natural resources, pollution of air, land, water resources shortage, environment problem increasingly prominent, people’s living environment is threatened, even a large number of environmental public interests are violated and no relief.The cause of this situation are various, and the lack of environmental public interest litigation system is undoubtedly one of the reasons that can not be ignored. First, start in the main body of litigation law is lack of the key problems which restrict the development of the environmental public interest litigation, on August31,2012, the newly revised law of the People’s Republic of China civil procedure law finally passed, establish the public welfare lawsuit system. But it is principled, waiting for a more detailed rules for the implementation regulations and perfect. In practice, the environmental public interest litigation brought by the procuratorates have appeared and there have been some cases that can be used for reference of procuratorial organ as the body of the prosecution, go before the legislation, provides the public welfare lawsuit system design practical reference. This article put forward by using the method of positivism and comparison analysis of the procuratorial organ participating in environmental public interest litigation power source, and then combined with the characteristics of procuratorial organ of procuratorial organs forward in the environmental public interest litigation rights and restrictions on it. Article is divided into four parts, the main content is as follows:The first chapter is an overview of the environmental public interest litigation brought by the procuratorates mainly. In this chapter, first of all to explain that environmental public interest litigation is an intellectual concept and why of procuratorial organ as the plaintiff filed a lawsuit. Secondly, analyzed the current status of the environmental public interest litigation in our country, the features and the legislative situation, finally, puts forward the environmental public interest litigation brought by the procuratorates, the theoretical basis of the theoretical basis for the procuratorial organ as the eligibility of the plaintiff. The second chapter focuses on the development status quot of environmental public interest litigation brought by the procuratorates. Development environment public interest litigation in foreign countries, especially the United States is very perfect, is worthy of reference for our legislative, judicial, and our country at present, the procuratorial organs have been involved in the environmental public interest litigation, participation pattern diversity, there are direct Sue Sue, support, criminal incidental civil, procuratorial suggestion, such as a variety of ways, but should see, in this way does not have a legal basis.The third chapter mainly analysis the environmental public interest litigation brought by the procuratorates power base. By arguments pro and con, prosecution of procuratorial organs is to participate in the power base of environmental public litigation, rather than inspection supervision, in addition, also answer the three aspects of theoretical question, through the answer, has been clear about the procuratorial organs can be environmental public interest litigation.The fourth chapter focuses on procuratorial organ participating in environmental public interest litigation, clearly define the legal status of the litigation, the environmental public interest litigation in the rights and restrictions on rights in environmental public interest litigation.