Study On The Legal Issues Of Environmental Public Interest Litigation Filed Procurator-ate

Environmental pollution cases have occurred in recent years, water pollution, air pollution, soil pollution, and so on. However, the environmental protection department and organizations have encountered many problems in environmental public interest litigation. Scholars mostly discussed the broader issues, but not deep enough, Such as the construction of the system of environmental public interest litigation, plaintiff qualification system or subject. Filed civil environmental public interest litigation, the necessary and feasibility, the procurator organs filed environmental public interest litigation theory basis and the reality of such. The Supreme People’s Court promulgated the "on the trial of civil environmental public interest litigation case applicable legal interpretation" has established the procurator organs in the public interest litigation legal status; it will be implemented in January 7, 2015. In July 1st, the NPC Standing Committee by authorizing the Supreme People’s Procurator-ate to carry out the pilot work of public interest litigation decisions in some areas, in view of the existing research results and the current needs of the procurator practice, the most important is to further explore the authorities should mention environmental public interest litigation, such as the source of cases and scope of litigation, environmental public interest litigation the burden of proof in litigation and bear the consequences of such problems, namely the path of environmental public interest litigation, which is the focus of research.Procurator organs as the judicial organs of the state, has a legal right to investigate, he can in accordance with legal procedures to collect evidence, found the illegal facts, so the procurator organs can better safeguard the national and social public interests. such as the people’s procurator-ate to participate in the litigation, in practice the principle of procurator-ate are in conflict with other organizations, environmental pollution often involves many departments, handle the corresponding environmental protection organization, quality control department, also includes folk environmental protection organization, only these departments, to better safeguard social environment of public interest. Procurator-ate filed a lawsuit in the environmental public interest litigation, the responsibility to share issues also need to pay attention to, such as the burden of litigation costs, the distribution of burden of proof, etc. The next step is to solve these problems, proposed suggestions as follows. First of all, should be clear the procurator-ate filed environmental public interest litigation principle, due to the prosecutor’s office on behalf of the state, and environmental public interest litigation belongs to civil litigation. Therefore, prosecutors involved in litigation should uphold the final relief principle, limited in principle, to prevent the abuse of the power of the procurator organ. Secondly, should strengthen communication and cooperation with other subject of litigation, including the environmental protection departments, environmental organizations and environmental monitoring agencies, forest canoe difficult, only collaborative cooperation in order to solve the problem more effectively at the same time and cost savings. Finally, reduce the cost of litigation, after all, the procurator-ate is not a profit-making organization, so as to ensure the smooth filed of litigation, and reasonable distribution of the burden of proof to reduce the burden on the prosecution’s litigation.Through a simple analysis of the judicial practice of environmental public interest litigation in the United States and Germany, Japan, the analysis of China’s experience for reference. Foreign litigation system has experienced a relatively long test, in order to adapt to the gradual improvement of the legal system and the rapid development of the economy, to make a corresponding adjustment. In the specific operation, for the main body of public interest litigation, the burden of litigation costs, the burden of proof distribution has to adapt to the provisions of their national conditions. All of these provide a reference for our country’s Procurator-ate filed a lawsuit against the common environment. As a legal supervision organ, the people’s Procurator-ate in the public interest litigation has been carried out for many years of useful exploration. However, environmental governance has never been easy, it will not be easy and easy things. This is a difficult task that requires the strength of all parties. Prosecutor is environmental public interest litigation, the purpose is to better realize the value of environmental public interest litigation, the environment of litigation bear the burden of maintenance and implementation of public demands, the realization of the aim of protect the environment, protect the social public welfare.