Research On Environmental Civil Public Interest Litigation Initiated By The Procuratorial Organs

In today’s society, ecological and environmental conservation has become a hot topic among public. As environmental civil public interest litigation emerges, it’s getting more and more important to deal with environmental issues well. Making the qualification of plaintiff clearly is the starting point of the system development, although existing laws and judicial interpretations has established the new system, they do not mention procuratorial organs as plaintiffs in the prosecution. However, the Fourth Plenary Session of the Eighteenth Central Committee advocates the procuratorial organs as the initiator of the program, and explore the pattern of filing a suit directly. So, whether the procuratorial organs has the principal qualification or not is still worth requiring a further investigation. The author claims that the procuratorial organs should be allowed as plaintiffs to start a lawsuit in certain conditions, but in order to prevent abusing lawsuits, it should have tough restrictions about qualifications they mentioned. The outline of this paper is under the following three parts:The introduction:First of all, introducing the tough situation about ecological environment, it’s urgent to establish the environmental public civil public interest litigation timely. Then, by listing the two typical cases happened in 2012 and 2014, a simple comparison of the analysis leads to the center point of this paper, that is, what kind of qualifications the procuratorial organs should acquire when they can be treated as plaintiffs in the prosecution.The first part is difficulities about research on environmental civil public interest litigation Initiated by the Procuratorial Organs. It includes:Firstly, the theoretical obstacles, mainly the theory of justification of parties, and the limitation of principle of direct interested parties. Secondly, the lack of legislation, existing substantive laws, department of laws, judicial interpretations do not granted procuratorial organs plaintiff qualifications clearly. Thirdly, judicial dilemma, since the new edition of Civil Procedure law appeared, there is no case accepting court of environmental civil public interest litigation filed by the procuratorial organs, in this part, the paper analyze the reasons from the functions of state institutions, civil litigation and legal transplant.The second part is the evidence relating to environmental civil public interest litigation initiated by the procuratorial organs. Firstly, the legal theory basis, it mainly discusses from the trust theory (Public Trust Theory and Litigation Trust Theory) and modern right theory. Secondly, the legal basis, it mainly starts to analyze the relevant provisions of the existing laws and comes to conclusions supporting the procuratorial organs as plaintiff in a lawsuit. Thirdly, the actual needs. Analyzing from both the background and the subject in the system.The third part is that improving the advice on research on environmental civil public interest litigation initiated by the procuratorial organs. This is the focus of whole paper. Firstly, program design, "selecting design according to different cases", here, it introduces three procedures, like supervising and urging prosecution, supporting prosecution and starting a prosecution directly, then discusses the legal evidence, prosecutor and practical ways individually. Secondly, relating system design, it involves the establishment of communication system (to handle the relationship between the executive, the courts and prosecutors), litigation costs (suggested by the treasury burden), strictly selected cases (standard of selection), and temporary ban systems.