The Procuratorate Instituted A Study On The Environmental Administrative Public Interest Litigation System

For a long time, the ecological environment problems have been restricting China's economic and social development and directly affecting the daily life of people, which calls for China to continuously amend the relevant laws to cope with the problem. After years of efforts, the legal system of environmental protection in China has been greatly developed. the state and relevant departments have also introduced a variety of environmental policies, but still can't effectively control the ecological and environmental problems. The reason is that there still exist many difficulties in the implementation mechanism of China's current environmental laws, which is the reason why related laws and regulations are lack of effective implementation. The supervision and management mechanism of the current environment law is too dependent on the government or regulatory bodies and lack of public participation mechanism. The New Environmental Protection Law, compared to the former amendment, gives the government more environmental protection duties and powers, but in the law enforcement level, the government, which ought to be the undertaker of environmental protection, damages the environment instead due to the acute conflicts between local social and economical development and the environment. The situation requires effective supervision on administrative power. In modern democratic country under the rule of law, private right, which act as a restriction to public power, is the most effective way, the law should be given more initiative in the litigation in administrative proceedings to correct the illegal administrative acts and protect the public environmental interest.In this case, in July 1, 2015, the National People's Congress authorized the Supreme People's Procuratorate public interest litigation to carry out pilot activities in some areas, environmental administrative public interest litigation once again became the focus of attention. The Supreme People's Procuratorate and the Supreme People's court led the pilot reform of environmental administrative litigation, the purpose of which is to protect the environment public interest and improve the administrative litigation system. This paper takes the procuratorial organs concerning environmental administrative public interest litigation reform as the research object, and uses the method of comparative study, case analysis, empirical analysis and so on. Firstly, it analyzes the present China's basic national conditions, environmental law enforcement and practical difficulties, and then discusses the Standing Committee of the National People's Congress' s authorization of the procuratorial organ as mentioned the theoretical background of the administrative public interest litigation, which is the first and the second part;The third part mainly introduces the status of implementation of the system, and analyzes the typical case and discusses the positive and negative effects of procuratorial organs as the environmental administrative public interest litigation subject through the introduction of the system implementation.. The positive impact that procuratorial organs filed environmental administrative public interest litigation which highlights the effectiveness of procuratorial supervision, and is conducive to resolving the current environmental law enforcement encountered difficulties and negative significance is to increase the public finance expenditure, two sets of law enforcement system with overlapping. Through the analysis of typical cases, the author thinks that there are some problems in the process of case-filing, the current design of the measures for the implementation of the source of clues.The fourth part is to discuss the improvement of the system, through revision of the "constitution", "environmental protection law" and "administrative procedure law, curing results of the reform, such as a clear prosecutors plaintiff qualification, the procedure before litigation and exemption of litigation fees, types of judgment and so on, problems mentioned in the third part, promotions jurisdiction, improve the evidence system, reform of the leadership system of the procuratorial organs and other suggestions.