The Procuratorial Organ Filed A Study On Environmental Administrative Public Interest Litigation

PM2.5(Fine Particulate Matter)followed while Haze is still lingering;in some places,the drought have water scarcity for successive years and other places are suffering from water logging.The multiple and increasingly serious environmental problems cause the extensive attention.In reality,the environmental disputes are difficult to be solved effectively,which led to the probe into solutions to environmental problems from the angle of perfecting the legislation.As the social regulator,administrative organs abuse its power to violate the public environmental benefits,which frequently happen.Therefore,environmental administrative public interest litigation is attached more attention.Environmental administrative public interest litigation is an important way to defuse environmental disputes and protect environment.The prosecution of environmental administrative public interest litigation filed by the Procuratorate has been widely spread overseas;In China,the exploration in several investigating and prosecuting apparatus starts to light a prairie fire like a single park.At present,the system of environmental administrative public interest litigation has not yet been established in china.Over these years,the new exploration that the investigating and prosecuting apparatus file a suit rose in many parts throughout the country has redefined its decisive status in environmental public interest litigation.In 2014,China's first case,investigating and prosecuting apparatus filed environmental public interest litigation-the Procuratorate of Jinsha County,Guizhou Province sued the EPA case,which was the new beginning for investigating and prosecuting apparatus filing the environmental administrative public interest litigation and the system construction.This paper utilizes the literature research method,comparative research method,empirical approach,inductive analysis and so on to study that the investigating and prosecuting apparatus files environmental administrative public interest litigation systematically,and put forward a preliminary idea of which the Procuratorate of our country should file the environmental administrative public interest litigation system.The basic framework of this paper is as follows:The preface part mainly introduces the research background;the first part introduces the concept and characteristics of environmental administrative public interest litigation;the second part describes the feasibility of the environmental administrative public interest litigation which is instituted by the Investigating and Prosecuting Apparatus in terms of theory and practice;the third part mainly analyzes the necessity of the environmental administrative public interest litigation which is instituted by the Investigating and Prosecuting Apparatus,including the value and advantages;the fourth part mainly investigates the related litigation system in foreign countries and makes a comparative analysis about these litigation systems.Therefore,we can benefit from this to build up our country's own environmental administrative commonweal litigation system;the fifth part puts forward an elementary concept about the buildup of environmental administrative public interest litigation system.And this part gives us theoretical assumptions from different perspectives,such as the legislation,evidence and the establishment of other matched systems.