The Judicial Practice And Perfection Of The Environmental Public Interest Litigation Instituted By Procuratorial Organization

Nowadays, the pubic are getting more and more concerned about haze weather, PM2.5, water pollution and some other words in the news. The seriousness of environmental pollution has caused more and more attention in society, and the environmental problems are getting worse. However, in reality, most of the environmental dispute cannot be solved effectively, which leads to the exploration of punishment on the environmental pollution from the legal side. The most impressive one is the environmental public interest litigation, which is an important way to solve the environmental public interest dispute and protect the environment. Numerous cases of environmental public interest litigation are found both at home and abroad in recent years. The cases of environmental public interest litigation instituted by procuratorial organization as a plaintiff are on an overwhelming growth in China, which have achieved good social effects.However, in the judicial practice, it is reported that some environmental public interest litigation cases instituted by procuratorial organization lose in the end. The reasons are as follows. Firstly, the environmental public interest litigation system has not yet established in our country and the case trials lack legal basis. Secondly, the traditional theory of plaintiff qualification has restricted the development of the plaintiff system in the environmental public interest litigation. The environmental public interest litigation instituted by procuratorial organization is confronted with ambiguous subject qualification of the plaintiff. Besides this, in the environmental public interest litigation, the procuratorial organization has the troubles of undefined scope of accepting cases and unknown litigation cost sharing. In order to fully exert the function of public prosecution and legal supervision, the procuratorial organization should firstly identify their subject qualification of plaintiff, and then their scope of accepting cases and find out the ways to solve the problems of the litigation costs. Based on empirical and comparative research, this article will firstly start with an analysis of the connotation, the characteristics and development of the environmental public interest litigation; secondly combine with the advanced experience from foreign typical environmental public interest litigation and analyze the practical difficulties that the procuratorial organization in our country has confronted with in the environmental public interest litigation; finally, learned from the experience and solutions from the environmental public interest litigation instituted by foreign procuratorial organization, this article will make a beneficial theoretical exploration for the procuratorial organization in our country to perfect the environmental public interest litigation, based on the analysis and discussion on the aspects of defining the subject qualification of plaintiff, scope of accepting cases and litigation cost.