The Procuratorial Organ To Boost The System Construction Of The Environmental Public Interest Litigation

Environmental public interest litigation is an important system to protect the public interest of the environment, but the law of our country has not been clearly defined. In 2012, civil procedure law Article 55 opened a new chapter for the environmental public interest litigation in China, which is of great significance to the establishment of environmental public interest litigation system, but due to that the title is too abstract, in practice, China’s environmental public interest litigation still encounter many problems. In 2015, the fifty-eighth title of new environmental law stipulate that public interest organizations are able to bring environmental public interest litigation, although the provisions of the proceedings, but the civil, procuratorial organs will be excluded from the practice is worth pondering. As our country’s public prosecution and legal supervision, procuratorial organ is the important driving force to establish and perfect the system of environmental public interest litigation in China.The main content of this paper is divided into five parts. The first part describes the background and significance of this paper and introduces the research status of environment public interest litigation, and the main research methods and innovation points of the paper. The second part discusses the related theories of environmental public interest litigation are elaborated, including the concept of environmental public interest litigation, the characteristics of environmental public interest litigation. In the third part, comparing the common law system and civil law system, and find out the common and differences. The forth part is about the theoretical basis and practical situation. The fifth part is the system construction of public interest litigation. First of all, the starting subject of environmental public interest litigation includes environmental protection administrative organs, environmental organizations, citizens and procuratorial organs, second, analyzing the specific ways of the procuratorial organs involved in environmental public interest litigation, such as the help of prosecution, urging prosecution, direct prosecution and criminal incidental civil action, finally, suggest the procedure of the procuratorial organs involved in environmental public interest litigation.