Dilemma And Solutions For The Procuratorial Organ To Bring A Civil Public Interest Action Concerning Environment

In 2015,the Supreme People's Procuratorate issued the Provisions for the People's Procuratorate to Implement Pilot Work of Bringing Civil Public Interest Actions Concerning Environment.In 2016,the Supreme People's Court issued the Provisions for the People's Court to Implement Pilot Work of Trying the Cases of the People's Procuratorate's Bring Pubic Interest Actions Concerning Environment.These provisions merely lay a basis for the procuratorial organ to bring a civil public interest action concerning environment on the level of state's policy.There are still quite a few problems existing in the process of judiciary operation.By analyzing the legislation abroad and specific cases,it would be more advantageous for the procuratorial organ than other state's administrative organs or social organization of environmental protection to bring the civil public interest action concerning environment.However,the procuratorial organ's capacity as a subject to bring the civil public interest action concerning environment has not been definitely stated in any law or regulations in our country.The procuratorial organ mainly plays a role of supporting,supervising and urging relevant organs and social organizations in the civil public interest action concerning environment.A lot of factors in practice make the procuratorial organ get trapped in bringing the civil public interest action concerning environment.A lot of work should be done to develop the system mentioned above.To be specific,a reform of legislation should be taken to empower the procuratorial organ the right of action.In addition,the relationship between the procuratorial organ and other subjects of action in the civil public interest action should be well coordinated.The procuratorial organ should also completely understand the goals of the civil public interest action.The measures above can extricate the procuratorial organ from a difficult position in practice.Thus,the procuratorial organ can guarantee procedural justice while maintain environmental pubic interest with judicial means so as to increase the efficiency for remedying environmental pollution and benefit the strategy of sustainable development for human beings and nature to advance harmoniously.