On The Environmental Civil Litigation Filed By The Public Prosecutor

Since the reform and opening up, the socio-economic development of China hasachieved rapidly, but the problem of environmental pollution and ecologicaldestruction accompanied have been showed prominently, so there have been a largenumber of violations of state and social welfare of environmental litigation cases.Dueto lack of litigation and legal deficiencies in the system in the current environment ofpublic service, as well as awareness of the public bias, the needs of judicial practicecan not meet if the environmental public interest litigation filed by the citizensidentity with the identity of plaintiff，the current litigation has been unable to form aneffective protection of national interests and social welfare, so whether environmentalpublic interest litigation should be filed by the prosecution and how to build thissystem specifically, much academic attention has become an important issueconcerned by the academic. According to the traditional theory of party theory and theright to appeal, civil litigant can only get relief within their own rights are infringed,but no right to sue national interests and public interests which beyond the scope oftheir rights outside. In recent years, as the effective way to safeguard national interestsand public interests, the concept of environmental public interest litigation has beengenerally accepted. Establish a legal form of public interest litigation system tosafeguard national interests and public interests further has become a trend, currently,public interest litigation in the field of the environment were also explored by ourcountry in the theory and practice. The new “Civil Procedure Law Article55”provides that: For harm public interests of environmental pollution, the behavioragainst the legitimate rights and interests of many consumers harm the public interest,institutions and relevant organizations vested could file a lawsuit to the people’s court,the environmental public interest litigation system was first established in the form oflegislation. This also means that environmental public prosecutors filed a civil actionas required by law authorities has been generally recognized legal community and thejudiciary. In other countries, public interest litigation filed by the prosecution hasbecome the norm, In many countries, the prosecutors charged with a criminalindictment support functions are allowed to participate and filed public interestlitigation, however, prosecutors can separate proceedings in harm national and socialwelfare cases. Currently, in the absence of specific provisions of the law, our prosecutors are gradually attempting to participate in and to carry out environmentalpublic interest litigation, but there are still some controversy.To explore and studythese issues in the legal aspects will help to further improve our environmental publicinterest litigation system. In this article, I will mention the legal basis and practicalbasis for environmental public interest litigation system, combined with highlightingthe plight of China’s environmental public interest litigation facing currently, to getthe results of the establishment of environmental public prosecutors filed civillitigation system is necessary and feasible conclusion by analysising and discussingthe nature of the prosecution proceedings powers. On the basis of studying abroadprosecutors filed public interest litigation on the environment, analysising of obstaclesto the prosecution of environmental public interest litigation, to propose the initialconcept and design of environmental public interest litigation been filed byprosecution.