Research On The Issues Of Environmental Administrative Litigation By Procuratorate

In recent years,people are blindly pursuing economic benefits and promoting economic development,while also causing many environmental problems.In the face of various cases of ecological environmental pollution,the act of administrative organs may also harm the public interests of the environment.Due to the particularity of administrative position,the individual citizens or social organizations don't want to,dare not to prosecute,environmental public interest can't get timely relief after destruction,to that end,countries are all over the country's procuratorates initiate administrative environmental public interest litigation pilot work,this article v.qingliu county of fujian province's procuratorate qingliu county environmental protection bureau during the pilot case occurred in the public interest litigation,the procuratorates initiate administrative environmental public interest litigation has its own excellent sex,can give full play to its advantages in the lawsuit function.But in the judicial practice because of difficult environment defined public interests,the burden of proof allocation problems such as unclear cause litigation process have been hampered,so need to improve the people's procuratorate filed a legal system of environmental administrative public interest litigation.This paper studies the case of qingliu county procuratorate against qingliu county environmental protection bureau through case analysis and literature analysis.This article is divided into three chapters,the first chapter is the case review and the focal point of controversy,reviewed the qingliu procuratorate v.qingliu county environmental protection bureau of the case and the case after the trial and sentencing caused some controversy focus in academia,the procuratorate the role positioning of public interest,environmental administrative public interest litigation,and the burden of proof allocation in the process of trial was analyzed.The second chapter introduces the relevant theories of environmental administrative public interest litigation initiated by the procuratorate,and analyzes the legal theory of the dispute focus caused by this case.In the third chapter on the procuratorial public interest litigation cases to explain some issues of applicable law on introduction and analysis of the shortage,the perfection of related Suggestions were put forward,also expressed the author to think the some legal issues related to the case as well as to the procuratorate related in the process of environmental administrative public interest litigation system of some Suggestions.