Research On The Environmental Civil Public Interest Litigation Filed By The Procuratorial Organ

In recent years,with the rapid economic development,cases of environmental pollution and ecological destruction have occurred repeatedly,which has seriously damaged public interests in the environment.At least 20 years have passed since the trial and research of public interest litigation in China.After a series of legal and judicial interpretations were introduced,the legal system and trial mechanism for environmental civil public interest litigation in China have been initially established,and environmental civil public interest litigation practice has entered vigorous development.After going through such stages as top-level design,legal authorization,piloting first,and comprehensive advancement,the public civil public interest litigation initiated by the procuratorial organ has gradually become an important means of ecological environmental protection.The construction of this system has also become a typical example of comprehensive deepening reforms.The procuratoratial organ has accumulated rich experience in judicial practice in the promotion of the pilot work,and has tested the theory and institutional design of the past,laying a solid foundation for the prosecution of public interest litigation.In the two-year pilot project,procuratorial organs became one of the main forces in the environmental civil public interest litigation and gradually became a social consensus.Great results have been achieved from trials to full implementation.However,there are still areas to be explored at the legislative and operational levels.Nowadays,the public prosecution institute has instituted a system of public interest litigation that has been promoted nationwide.There are still some tasks that need to be further implemented.For example,the procuratorial organs' role in environmental civil public interest litigation is clearly defined;the related legal and institutional provision is perfected,and the system is standardized to bring environmental civil public interest Litigation system and procedures;establish a sound internal and external coordination mechanism.On the basis of summing up the pilot work,how to increase the pilot results to legislative confirmation,provide legal protection for the procuratorial organs to initiate environmental civil public interest litigation,and to continue the reforms becomes a top priority.Under this background,combing issues arising from the legal system and judicial practice of China's environmental civil public interest litigation,analyzing the achievements and existing deficiencies in the current legal system and judicial practice,and proposing to further improve the construction of China's environmental civil public interest litigation system.The proposal has certain value for promoting the judicial practice of China's environmental civil public interest litigation.In addition to the introduction and conclusion,the article is divided into four parts:The first part discusses the status of prosecutors,and points out differences in the status of procuratorial agencies and adverse consequences in the theory and judicial practice,and clarifies that procuratorial organs are the litigation subject and legal supervisor in environmental civil public interest litigation.Dual status requires design arrangements that are different from ordinary civil lawsuits and general public interest litigations to enforce the status of public interest litigation prosecutors.The second part focuses on the issues raised by procuratorial organs when they file an environmental civil public interest litigation.It analyzes and combines the laws,regulations,and pilot practices that have been promulgated.It discusses systemic issues such as the source of the case,the pre-litigation procedures,the litigation procedures,and supporting mechanisms,and points out that before Pre-petition procedure,the announcement,litigation costs,and the determination and application of the amount of compensation can be further improved to provide institutional safeguards for the procuratorial organs to carry out environmental civil public interest litigation.The third part analyzes the successful explorations and deficiencies of the procuratorial agency in improving the coordination of internal and external relations in the pilot practice,including coordination among the prosecution agencies,the internal and external departments,and other external entities,emphasizing the prosecution To carry out environmental public interest litigation,it is necessary to strengthen the construction of teams and work closely with environmental protection agencies,environmental protection organizations,and adjudicators to form a strong joint force and provide organizational protection for environmental civil public interest litigation.Based on the above analysis,the fourth part proposes some suggestions on the establishment of environmental civil public interest litigation system and judicial practice by the procuratorial organs today,including strengthening the construction of relevant legislation and supporting systems,improving the pre-action announcement procedure,strengthening the construction of the procuratorial team,and improving the internal and external coordination mechanisms.