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Study On Environmental Public Interest Litigation In Procuratorial Organs

Posted on:2018-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:S S LiFull Text:PDF
GTID:2346330542953702Subject:Law
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In recent years,the environmental pollution and ecological damage cases frequently,the ecological environment is getting worse and worse,the construction of ecological civilization in China lags behind the development of market economy,the ecological environment restricts the economic development of our country,also it hinders the development of Harmonious Society,It is difficult to solve the increasingly serious environmental problems by virtue of moral restraint alone,national theoretical and practical circles called for judicial remedies to protect the environmental public interests,in this case,the environmental public interest litigation system gradually get outside the recognition of countries.Nowadays,all countries generally stipulate that citizenship,environmental protection organizations,administrative organs and procuratorial organs have environmental public interest lawsuit plaintiff qualification,in order to protect the public interests of the environment and punish environmental violations,the above four types of litigation bodies may bring environmental public interest litigation to the people’s courts.At present,the scope of the subject of environmental public interest litigation is generally limited in the legislation of various countries,but in the judicial practice,all countries are searching for the best litigation subject.As a representative of public power,the procuratorial organ has the professional legal team,rich litigation experience and efficient investigation and forensic ability,it has the preemptive advantage of bringing environmental public interest litigation,it can not only enter the litigation process as soon as possible,but also reduce the cost of litigation,it is considered the best way to protect the environment and punish the crime,the procuratorial organ is universally recognized as the best litigation subject for bringing environmental public interest litigation.The Fourth Plenary Session of the Eighth Central Committee of the Communist Party of China(CPC)promised to explore the establishment of a public security litigation system,this provides theoretical support for the judicial practice of public interest litigation.However,in China,public interest litigation is in its infancy,as one of the most important contents,environmental public interest litigation is a new thing that has sprouted in recent years,the judicial practice of environmental public interest litigation by procuratorial organs has no legal basis for a long time,the curtain of environmental civil litigation legislation was opened until the Supreme People’s Court in January 2016 promulgated the "trial of environmental civil public interest litigation cases applicable to the interpretation of a number of issues of law",this interpretation has made the relevant provisions on the jurisdiction,burden of proof and identification methods of the civil environment public interest litigation,but it is not detailed enough,many problems in judicial practice have not been addressed.Moreover,up to now,China’s legislation has not made a clear provision for administrative environmental public interest litigation,lack of legislation,and in practice there is a lack of practical reference experience,leading to China’s environmental justice work was plunged into a difficult step.In this context,the Fourth Plenary Session of the Eighteenth Central Committee of the Party initiated the establishment of a system of public interest litigation instituted by the procuratorial organs,,since then,the prosecution of environmental public interest litigation in our judicial practice has theoretical guidance,a series of documents and measures have been introduced :In July 2015,The Supreme People’s Procuratorate issued a pilot scheme for prosecution of public interest litigation,which intends to select 13 provinces,autonomous regions and municipalities directly under the central government as the experimental areas for public interest litigation,the pilot period is two years,at the same time,the scheme specifies the types of public interest litigation,the procedure before litigation and the scope of litigation;February 2016,the Supreme People’s Court promulgated the measures for the Implementation of the Pilot Work of the People’s Procuratorate in Public Prosecution Cases by the People’s Court,which made a civil and administrative public interest litigation from the prosecution authorities in terms of the scope of the case,the jurisdiction of the case,the qualifications of the case clearly defined;May 23,2017,the Central Committee of the CPC Central Committee has held its thirty-fifth meeting,the meeting examined and adopted the report on the trial and suggestion on the prosecution of public interest proceedings by the procuratorial organs,the report summarizes the work of the procuratorial organs to bring public service litigation in recent two years,and make recommendations for future work.Under the supervision and leadership of the Supreme People’s Procuratorate,with two years of exploration,the procuratorial organs have made remarkable achievements in environmental public interest litigation,but there are also many problems,such as the distribution of burden of proof,the level of jurisdiction,the scope of accepting cases and the procedure before litigation,there are still shortcomings.This article will be discussed from four perspectives,starting from the basic theory of public interest litigation,this paper will expounds its concept,characteristics,production,classification and development process,then,by studying the mature legislative experience and system construction of the countries in other countries,it is argued that the procuratorial organ has more advantages than the other litigation subjects,on this basis,it further shows that it is necessary and feasible for the procuratorial organ to bring up the environmental public interest litigation,at the end of this article,the main points of this article are drawn,problems and suggestions of environmental public interest litigation by procuratorial organs in China.There is no doubt that it is certain that the procuratorial organ has been given the plaintiff’s qualification,it is not only because of the successful experience of other countries,but also depends on the legal supervision status of the procuratorial organs,and its soft power superior to other litigation subjects.The purpose of this article is through this article to improve China’s environmental public interest litigation system and put forward some superficial suggestions.
Keywords/Search Tags:Procuratorial Organ, Environmental Public Interest Litigation, Pre-trial Procedure, Jurisdiction Level, Burden of Proof
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