Reserach On The Procuratorial Organ Environmental Public Interest Litigation Systerm

Environment is the basic premise of human existence and development,with the development of economy,the environmental problem is becoming more and more serious.The national interests and social public interests are becoming more and more serious,and the public awareness of environmental rights is becoming more and more urgent,and the traditional private interest litigation has been unable to form effective relief for the protection of environmental resources and ecological environment.The worsening of environmental problems has led to the new development of environmental protection mode,and the environmental public interest lawsuit which adapts to the environmental law practice has emerged.The rise of environmental Public Interest Litigation system provides an effective way of public remedy for our country's environmental protection.The 18 session of the four plenary meetings clearly put forward the "exploration and establishment of procuratorial organs to bring public interest litigation system",in order to explore the environmental Public Interest Litigation System Guide direction.The procuratorial organ is the state legal supervision organ expressly stipulated in the Constitution,and the environmental public interest lawsuit can be brought up,which will strengthen the prosecution,and have the value and function of safeguarding the judicial justice,establishing and perfecting the public Interest lawsuit system and supplementing the environmental policy."A small step in public interest litigation,a big step in environmental protection.As an innovative mechanism of environmental protection,environmental public Interest litigation brought by procuratorial organs is an irreplaceable advantage of other organs and organizations.In China,as a foreign product,public interest litigation has become a hot issue in the legislation of judicial practice and academia,and the environmental public interest lawsuit filed by the procuratorial organ is in the pilot stage.During the pilot period,to effectively maintain environmental protection and environmental public interests,but in general,environmental public interest litigation system still exist many obstacles,such as the provisions of the law behind the practice,the specific scope of the narrow case,as the public power of the state legal supervision organs and other public power organs of the right to coordinate issues are urgently needed to be resolved The public interest lawsuit is the effective remedy means to safeguard the national interests and the social interest,and the procuratorial organ bring up the environmental public interest lawsuit,develop the new strategy creatively,not only conforms to the principle of optimizing the resource allocation of the law economics,but also is a powerful tool to perfect the environment protection lawsuit.Therefore,as a kind of innovation mechanism of environmental protection,when the trial work of Procuratorate is about to expire,combined with the existing judicial practice,on the basis of the experiment experience accumulation,it is especially necessary to rethink and perfect the protection mechanism of the procuratorial organ about environmental public interest lawsuit in our country.