Research On The System Of Prosecution Organ To Propose Environmental Public Litigation

In contemporary society,along with improving the quality of the public pay more attention to the problem of environmental pollution.Lots of news about water pollution,haze,chemical pollution,people have realized the importance of protecting the environment.However,a variety of environmental disputes in reality actually happened is often difficult to obtain effective coordination of legal proceedings neither as the environmental pollution problems.2015 Central Leading Group comprehensively deepen reforms twelfth meeting examined and adopted the "prosecution filed public interest litigation reform program." Then the NPC Standing Committee to make "decisions on authorizing the Supreme People's Procuratorate to carry out pilot work in public interest litigation in some areas." As an important way to solve the environmental public interest disputes,Environmental prosecution in recent years with the popularization and application of the prosecution of more extensive,a great trend sweeping the country.In other countries,many governments allow the prosecution proposed public interest litigation,and also have the right to participate in the proceedings,particularly when the case related to the national interests,the prosecution can make an independent public interest litigation.However,because of special conditions,Environmental prosecution cases to national procuratorates presented a large part did not succeed.The authors believe there are several reasons: First,China has not yet formed a complete system of environmental prosecution,so the handling of related cases is difficult to obtain effective legal support;Second,because of the law the presence of plaintiff qualification theory,greatly limits the implementation of environmental prosecution plaintiff in the system,when initiating the prosecution indictment related cases difficult to ascertain the plaintiff subject qualification.Third,the public interest in the environment of the prosecution case and not well-defined by the scope and cost sharing.Because procuratorates in environmental prosecution cases did not play due to regulatory functions,resulting in environmental prosecution is difficult to succeed,in order to improve these problems,it is necessary to clear the qualification plaintiff procuratorial organs;procuratorial clearly defined by the scope of authority,a reasonable allocation of the burden of proof the prosecution.The authors of this study used comparative law and positive law,first elaborated the public interest litigation features,content,and development process,through the introduction of foreign advanced environmental prosecution experience,combined with the problem of prosecution in appropriate cases faced to find effective solutions,and do in-depth research from prosecution plaintiff subject qualification explicitly clear scope litigation,litigation status,litigation privilege,a reasonable allocation of the prosecution the burden of proof,etc.,hope that through this research on our prosecution environmental prosecution to make some contribution.