Research On The Before Litigation Procedure Of Environmental Public Interest Litigation System By Procuratorial Organ

The environmental public interest litigation system, is an important aspect in the public interest litigation system.In the face of environmental problems, by public interest litigation system to protect the environment public interest, has become the consensus of the law all over the world.In our country, the establishment of the environmental public interest litigation system still in its infancy, and has just released in July 2015, the procuratorial organs filed a public interest litigation reform pilot program,will be officially listed procuratorial organs in the body of the environmental public interest litigation.In the scenario, the program Settings before litigation,is a great innovation in the environmental public interest litigation system in China.The system makes the procuratorial organs in the environmental public interest litigation in the plural with more explicit status and role, as a final litigation security man .Its existence, not only has the necessity, but also feasible, and can effectively prevent rampant litigation of environmental public interest litigation, makes the tolerance, in the procuratorial organ to keep themselves and save the judicial resources.Within the scope of the pilot provinces and cities in our country's procuratorial organs, are actively exploring how to better execute before litigation procedure,however, due to lack of experience, some of the problems in the process of gradually exposed, its specific reflects the "pilot program" on before litigation procedure is insufficient, needs to be accumulated certain judicial practice experience in the future,gradually improve.Reference outside the relevant legislative and judicial experience, from which,outside the area of inspection office environment public interest litigation and its related regulations before litigation procedure gives many good enlightenment in our country.Its display in: first, the environmental public interest litigation subject qualification of procuratorial organ in the law is clear. Second, the improvement of the supporting system.Third, between the procuratorial organs and individuals, related organizations on environmental public interest litigation on the order of national regulation is more flexible, more emphasis is different and procuratorial organs of the subject of litigation between substantive communication and cooperate with each other on the environmental public interest litigation.Combined with the actual situation in our country, the author thinks that, to the our country present stage in environmental public interest litigation before litigation procedures, from the application process, the program specific content and pre-judgment effect before litigation security from three aspects, to further improve the existing system.