Research On The System Of Bringing Environmental Civil Public Interest Litigation By Procuratorial Organs

In July 2017,the procuratorial agency filed an environmental civil public interest litigation trial for two years.Since the pilot to the full implementation,it has fully demonstrated the positive role of the state supervision organ,which has special functions,in the practice of protecting the public interests of the environment.The construction of environmental civil public interest litigation system is always lagging behind practice.Although Chinese scholars of procuratorial pil has a lot of theoretical research in the field of environmental protection,but focuses on the procuratorial organs filed civil environmental public interest litigation necessity rationality problem,to the plight of the judicial practice how to solve,advantages,how to carry forward the system how to perfect still in exploring stage.Article 55 of the civil procedure law with the changes and the supreme people's court of the supreme people's procuratorate about procuratorial public interest litigation cases to explain some issues of applicable law,the procuratorial organs filed civil environmental public interest litigation system has been officially established,the procuratorial organs in a variety of ways to participate in according to civil environmental public interest litigation.Therefore,the current system construction should be closely followed by the new situation,and the establishment of environmental civil public interest litigation system should be set as the target by the full and sound procuratorial organ.In this paper,from two aspects of theory and practice of procuratorial organs filed civil environmental public interest litigation is analyzed,and on the basis of exploring its deficiencies,and tries to put forward suggestions for improving this system..This paper is divided into four parts: first,it clarifies the relevant conceptual features of environmental civil public interest litigation,and explains its policy and legal basis;Secondly,theoretical analysis of environmental civil public interest litigation system is carried out from the perspective of theoretical basis,value goal and basic principle.Again,based on the current procuratorial organs filed civil environmental public interest litigation system present situation and exploration practice,summarizes the practice experience on both sides of success and shortage of procuratorial organs filed civil environmental public interest litigation practice analysis.Finally,combined theory and practice analysis combined with current practice exploration,perfect relevant legislation and procedure construction,so as to complete the study of this system.