Research On The Related Issues Of Procurator Organs' Litigious Right In Environmental Administrative Public Interest Litigation

This paper focuses on the environmental administrative public interest litigation system in which procurator organs take legal action,and this system had been a pilot project for two years before formal implementation,while relevant laws and judicial interpretations of this system have not been refined to specific provisions.In the perspective of litigation right,the paper discusses the nature of procurator organs' litigious right in environmental administrative public interest litigation,comparing its relationship with the power of legal supervision,its differences from other litigation corpus' litigation right,and its differences from internal supervision among administrative organs,in order to clarify relevant theory conflict of this system.The paper investigates status quo of the this system in legislation level and practice level,then sums up seven problems such as the nature of procurator organs' litigation right is yet to be determined,the prosecution has not been in normalization while the pilot was introduced,the supervision and litigation mechanism on normative documents has not been formed,the pre-litigation procedure is not in effective operation,the initiated mechanism of litigation lacks public participation,the procurator organs lack investigation power authorized by legislation,and sometimes it is difficult to clearly divide environmental civil and administrative public interests litigation.Further,the paper analyzes the reason of these problems in four angles which include the procurator organs' legal status and rights and obligations is yet to be clear by legislation,the promotion of this system depends on administrative pressure,specific rules to institute proceedings are yet to be refined,and the lack of a clear standard of prosecution.Finally,the paper proposed seven aspects of suggestions such as clearly defining "public interest litigation prosecutors" role,its rights and obligations,expanding the scope of prosecution,further standardizing the operation mechanism of pre-litigation procedure,perfecting the multi-agent normalized communication mechanism among environmental justice subjects,establishing normalized mechanism on initiating legal proceedings,establishing cohesive and incorporate trial mechanism between environmental civil and administrative public interests litigation,and distinguishing different situations between appeal and demurrer lodged by procurator organs.