Thoughts On Procuratorial Organs Participating In Environmental Public Interest Litigation

Environment is the basic element of our human existence and development.In recent years,China's rapid economic development,but the construction of ecological civilization lags behind economic development,environmental pollution and environmental damage,such as the frequent occurrence of public welfare events,the worsening ecological environment,which not only caused serious damage to human health,but also played a very serious obstacle to the rapid development of China's economic and social.Based on this,environmental public welfare litigation arises.Environmental public Interest litigation includes environmental civil public Interest litigation and environmental administrative public interest litigation.In China,the legislation on environmental public interest litigation is found in the Civil Procedure Law amended in 2012,and the supreme law of January 2015 promulgated the interpretation of the applicable law of civil public Interest litigation cases in the environment,and the procedural stipulation of environmental civil public Interest litigation was carried out.In China's existing legal system,the administrative public interest litigation has not been explicitly stipulated,the 2014 revision of the administrative procedural law did not provide for public interest litigation.In the context of "exploring the establishment of a public interest litigation system for procuratorial organs" in the fourth plenary meeting of the Party's 18 session,the 15 th Congress of the NPC Standing Committee,July 1,2015,adopted the decision on authorizing the Supreme People's Procuratorate to carry out the pilot work of public interest litigation in some areas,The Supreme People's Procuratorate immediately issued a pilot scheme for public welfare litigation reform,December 16,2015,the Supreme People's Procuratorate formulated the "Public Welfare litigation pilot work implementation of the Procuratorate," February 25,2016,the Supreme Court has also enacted "the Peoples court to hear the Procuratorate instituted a public interest litigation trial implementation measures",the procuratorial organ brought public interest litigation stepped into the institutionalized orbit.As the legal supervision organ stipulated by the Constitution of our country,the prosecution of public Interest litigation is an active exploration of perfecting our civil and administrative litigation system.This article embarks from the judicial practice since the procuratorial organ carries out the Commonweal lawsuit pilot,ponders how to further consummates the environmental Commonweal lawsuit related system question.The article consists of altogether six parts:The first part,introduction.This part of the procuratorial organ participation in environmental public interest litigation research background,research purposes and significance,as well as domestic and foreign research status quo and so on,for the following article to pave the way.The second part,the environmental Public Interest litigation outline.This section introduces the concept of public interest litigation,and defines the concept of environmental public interest litigation and analyzes its characteristics,points out the value of environmental public interest litigation.The third part,the procuratorial organ participation in environmental public interest litigation in China and foreign countries with legislation.Introduced in this part of China's procuratorial organ participation in environmental public interest litigation-related legislation and introduced outside the State prosecutors involved in the public welfare lawsuit of environment legislation.The fourth part,the procuratorial organ brought the environmental public interest litigation necessity and feasibility analysis.In this part,the procuratorial organ to initiate the environmental public interest litigation as the main body of the lawsuit from the necessity and feasibility of two aspects.The fifth part,China's environmental Public Interest litigation judicial practice and existing problems.This part first introduces the current Chinese procuratorial organ in the environmental Public interest litigation in the concrete practice situation,then on this basis put forward the current China's environmental public interest litigation problems.The sixth part,the procuratorial organ brought the environmental Commonweal lawsuit system consummation.In this part,the establishment of the subject qualification of prosecution,and the determination of the scope and jurisdiction of the case,the procedures of the predecessor,and other aspects of the improvement measures.