Research On Environmental Prosecution System In China

At present,China has entered a new era of social development,and environmental pollution and damage cases have increased,and the people's demands for a better environment have gradually improved.The 18 th CPC National Congress put forward to strengthen the construction of ecological civilization,The 19 th CPC National Congress also pointed out that built a beautiful China.Environmental governance and ecological protection are a major subject of current social development,which has the characteristics of system and public welfare.As the legal supervision organ,the procuratorial organ in China plays an effective role in the environmental management,which is the need of the rule of law in the construction of ecological civilization and the need of environmental protection.The environmental protection of our country has always been characterized by government power,and its limitation has become more and more obvious,and the procuratorial organ has become more and more important in environmental governance.However,the existing system of our country only provides the legal basis for procuratorial organs to intervene in environmental governance through judicial means,and there is no provision for the procuratorial organ to intervene in environmental administrative law enforcement.There is no environment of procuratorial specialized legislation in our country,the status of procuratorial organ in environmental governance,responsibilities without legislation stipulates that procuratorial organs in China in integral function is the research gap in environmental governance.This paper is divided into four parts except introduction and conclusion.The first part is the legal analysis of the procuratorial organ participating in environmental governance in our country,analyzes the nature of prosecutorial power is legal supervision,the procuratorial authority has multiple attributes,this paper introduces the environment prosecution the academic concept,analyzes the necessity of procuratorial organ participating in environmental governance.The second part sums up the existing problems of procuratorial organ in China.China's procuratorial organsare mainly involved in environmental governance through judicial means,and environmental public interest litigation has just started.There is a lack of perfect legislation and lack of supervision on environmental administrative behavior.The third part introduces the relevant legal system of Brazilian procuratorial organ to intervene in environmental governance.The country gives prosecutors the status of the "fourth authority" and takes on the role of defenders of the public interest.In the environmental civil public interest litigation,the Brazilian prosecutors have the right of civil environmental investigation similar to the criminal investigation right.Brazil has created the "behavioral adjustment agreement" system,which applies the plea bargaining system to environmental criminal litigation,and the prosecutor has a relatively large discretion.The fourth part designs the function of procuratorial organ in environmental management.We can explore the construction of a specialized prosecution system,and through the establishment of "out-of-court adjustment agreement" system,reasonable setting of jurisdiction and reasonable distribution of burden of proof,our country can perfect our procuratorial organs to participate in environmental public interest litigation system.In terms of procuratorial organ involvement in environmental administrative law enforcement,to establish a system of judicial review of dominated by procuratorial organ,make the procuratorial organs and comprehensive are involved in the system of environmental administrative law enforcement,make its comprehensive supervision and environmental impact assessment,emissions trading and carbon emissions trading,ecological compensation mechanism,and to establish information sharing platform.