Prosecutorial Authorities' Research On The Qualifications For Prosecution In Environmental Public Interest Litigation

China's environmental public interest litigation development time is short,although the theory is very high voice,but the relevant system is not perfect,in the judicial practice did not play its due role,especially the prosecution qualification bottleneck problem has not been properly resolved,The environmental public interest litigation system can not play its effective role,the situation of environmental protection is still grim,the other is the prosecution of environmental public interest litigation subject,we can see that the prosecution as a strong qualified subject,its eligibility is not properly established,Its dominant position can not be properly played,a lack of constraints on the development of environmental public interest litigation.In view of this,this paper analyzes the background of the theoretical research through the four dimensions of ecology dimension,the value dimension of law,the modern dimension of law and the dimension of political science,and analyzes the practice of this paper from the angle of policy and judicial practice.This paper analyzes the current situation of prosecution subject status and the innovation of this paper,and points out that this paper makes full use of literature analysis,comparative analysis,case analysis and other methods to explore.The second part of this paper starts from the basic theory of environmental public interest litigation and its eligibility for prosecution,and makes some new generalizations and combing and analysis of the relevant basic theories of environmental public interest litigation and eligibility for prosecution,so that the theoretical thinking of this article is more clear and easy to understand.In the third part,from the perspective of rights,through further theoretical analysis,it is clear that the prosecution qualification of the procuratorial organs can be analyzed and grasped from the perspective of environmental right,right of action and procuratorial power,and the three perspectives are described in detail.Procuratorial organs put forward the environmental public interest litigation paved the theoretical basis.In the fourth part,the author puts forward that to realize the maximization of the function and function of the environmental public interest litigation,it is necessary to reasonablydetermine the overall position of the different prosecution subjects in the prosecution.Through the comparative analysis,this paper compares the procuratorial organs with the environmental administrative organs and the environmental public welfare organizations in all aspects.In the civil public interest litigation,the environmental public welfare organizations as the main body of the first overall position,the procuratorial organs as the second overall.In the environmental administrative public interest litigation,the prosecution should be the first overall position of the conclusions.This is also the innovation of this article.In the fifth part of the prosecution of environmental public interest litigation to achieve the qualifications,this paper proposed that China should improve the relevant laws and regulations to establish the scope of the case and the proceedings before the perfect burden of proof,litigation costs and other supporting system,hope to sound supporting System,to achieve the prosecution in environmental public interest litigation in the prosecution eligibility.Finally,in the conclusion part of the current environmental situation was a reflection,while the prosecution brought the future of environmental public interest litigation prospects.Environmental public interest litigation system in China is still in the ice-breaking state,but in practice the procuratorial organs involved in litigation to bring the smooth lawsuit and even the good news,for the prosecution to bring environmental public interest litigation provides a strong support,but also for environmental public interest lawsuit System of improvement provides a good help,we also have reason to believe and look forward to the environmental public interest litigation system can really come to the root,shade side.