Research On The Environmental Civil Public Interest Litigation Filed By Procuratorial Organization

Environmental civil public interest litigation refers to an authority or relevant organization as prescribed and authorized by law, in order to protect the public and national interest, files a lawsuit to People's Court against any conduct that pollutes the environment and damages the ecology, which has damaged the public and national interest or has the major risk of damaging the public and national interest, meanwhile asks the People's Court to bring a trial to offenders of environmental acts and pursue the offender's civil liability.Facing complex environmental issues in reality,environmental civil public interest Litigation filed by prosecutorial organizationcan effectively protect the national and public interests. In March 2016, when National People's Congress and Chinese People's Political Consultative Conference are in session, Mr.Xi Jinping, the General Secretary of China Communist Party, holds the meeting with Qinghai delegation, stressing: " protect ecological environment as protect eyes, treat ecological environment as treat life ". Resource conservation and environmental protection is a basic national policy of our country, in the process of economic development. Despite repeated prohibitions, there is still conduct that pollutes the environment and damages the ecology, in recent years, the whole country has many active exploration on environmental public interest litigation,prosecutorial organization bears the responsibilityof protecting environmental public interest and plays variety of roles in the environmental protection, therefore, some good results have been achieved, national environmental and public environmental interest have been protected effectively.In this paper, by combining the current general situation in our country, we will try to introduce the basic theory of environmental civil public interest litigation firstly, we will also analysis the theory in the perspective of the definition, character, nature of the public interest litigation and private interest litigation, and environmental civil public interest litigation. Then on the basis of the comparative law, we will research overseas procuratorial environmental public interest litigation, after getting beneficial enlightenment, some suggestions about how to perfect the procuratorial organization to exercise the civil environmental public interest litigation will be given.Then we will analysis the legitimacy of environmental civil public interest filed by procuratorial organization and seek legal support for procuratorial organization to exercise the rights of environmental public interest litigation, combined with China's procuratorial practices of environmental civil public interest litigation, problems of environmental civil public interest litigation filed by China's Procuratorial Organizationwill be summarized. Finally, we will also discuss the system construction of environmental civil public interest litigation filed by China's Procuratorial Organization in the perspective of burden of proof and legal costs.We hope we can provide some help and reference for China's Procuratorial Organization to exercise the right ofenvironmental civil public interest litigation so that perfect China's environmental civil procuratorial system.