The Theory Of Procuratorial Organ Of Environmental Public Interest Litigation Subject Qualification

Since reform and development, the economic strength of our country is growing day by day, and the status in the world is rising day by day. China's development is the world's attention, is worthy of the people of the pride and excitement. The development of economy has brought the prosperity of material life, which has made people get rid of the poverty of the "companion" in the past. However, we should also see, and never ignore a problem is the reform and opening up over the past 30 years, our results are unparalleled, but the problem is also highly concentrated."It is undeniable that China's economy has been rapid development, but at the same time, environmental problems are becoming more and more obvious. Environmental pollution events around the world, the environmental public interest litigation showing the potential of multiple. How to solve the problem of environmental dispute by means of public power relief has become an unavoidable problem. Does the procuratorial organ have the qualification to remedy environmental disputes? "Civil Procedure Law", "environmental protection law" to modify the behavior of China's environmental public interest litigation system provides an opportunity for development, but there is no clear provisions of the procuratorial organs of public interest litigation subject qualification. At present, to provide theoretical support only two policy "issued in the fourth Plenary Session of the 18 th CPC Central Committee to explore the establishment of procuratorate public interest litigation system" and "the National People's Congress on Authorizing the Supreme People's Procuratorate to carry out the pilot work of public interest litigation decisions in some areas for procuratorial organs" qualification. Based on this, I think that our country should revise and perfect the relevant laws as soon as possible, and set the special specification of procuratorial organs environmental litigation subject qualification.Undeniably, China's economy has been rapid development, but at the same time, environmental problems have become clearer the birth of each theory will have two voices. On the qualification of the subject of environmental litigation right of procuratorial organs. There must be a negative. Negative people insist that as long as the law does not expressly authorized, the prosecution can not bring environmental public interest litigation. And certainly that "practice is the sole criterion for testing truth" in accordance with the law, but also can not rigidly adhere to the law, in the face of change rapidly in real life, but the law legal problems emerge in an endless stream, but can not keep up with the pace of development, after the law itself has the shortcomings of the. Moreover, the environmental judicial practice has been confirmed by the prosecution filed a public interest litigation has many advantages. For example, low cost, strong technology, strong independence and so on. From the basic theory, on the basis of the domestic and foreign related legal policy and system design, combined with the actual work of procuratorial organs put forward personal opinions behind the procuratorial organs subject qualification of environmental public interest litigation, and exercise for this "qualified" system design.