The Perfection Of Environmental Public Interest Litigation System In China

After entering the 21 st century,the problems facing the environme nt have become increasingly severe and have attracted more and more attention from the public.The rapid growth of the economy has brought us a lot of production and living materials,but all of this is at the expense of environmental benefits.The backward economic development model represented by "first pollution,then governance" has long been unable to meet the needs of modern society.The increasingly fragile ecological environment has prompted us to seek reasonable ways to deal with difficult environmental problems.In order to solve this problem,environmental public interest litigation came into being.In 2012,China introduced the public interest litigation system into the existing legal framework by modifying the original 《Civil Procedure Law》,affirming that the “legal organs and related organizations” have the right to raise environmental rights.In 2015,the Supreme People’s Procuratorate under the authority of the Standing Committee of the National People’s Congress conducted a two-year pilot project for prosecution authorities to initiate prosecution.The procuratorate played its own advantages in the pilot work,made full use of the impartiality and strong professionalism of the procuratorial organs,handled many public interest litigation cases,and achieved good social and legal effects.In 2017,China revised the provisions of the Civil Procedure Law and the Administrative Litigation Law,and incorporated the public interest litigation into the two laws by the procuratorate.Since then,China has officially established the public prosecution system initiated by the procuratorate.Although the procuratorial organs naturally have different advantages than the administrative agencies and social organizations,the lag and inexhaustibility of the law make their relevant provisions not perfect.The existing legal provisions do not provide the procuratorial authorities with clear guidance on environmental public interest litigation.For example,what kind of proceedings did t he procuratorate participate in? What is the scope of the prosecutorial authority’s disciplinary power? How does the procuratorate investigate and collect evidence when participating in litigation? Due to the problems above,it is necessary to research and analysis of the procuratorial organ’s environmental public interest litigation system.O n one hand,urge the legislative trend to be perfected;on the other hand,it can better guide judicial practice.While investigating and analyzing China’s legislation and judicial practice,it makes reasonable use of the experience from the developed countries.The article consists of three parts: introduction,body and conclusion.The introduction part summarizes the research background and significance of the syste m against the procuratorial organs,and writes a literature review by combing the research status of the problem.The body of the article contains a total of four chapters.The first chapter contains four subsections.The first section mainly analyzes the connotation of the litigation,and defines what is public welfare and what is environmental public welfare.The second section mainly summarizes the characteristics of the litigation.The third section points out the scope of the plaintiff in environmental public interest litigation(including environmental protection organizations,environmental protection administrative agencies,procuratorial organs and individual citizens).The second chapter is divided into five sections.It analyzes the necessity of t he procuratorial organ to raise environmental public interest litigation from five levels.These five levels are social needs,theoretical support,economic considerations,favorable environmental justice,and affirmation of the professionalism of the procuratorate.The third chapter is divided into three sections.From the third chapter,the third chapter mainly expounds the dilemma faced by the procuratorial organs when they file environmental public interest litigation.The fourth chapter of the article puts forward some suggestions for the improvement of the environmental public interest litigation system by the procuratorate.It is divided into six sections,which provide reasonable suggestions from the procuratorial organ’s litigation status,the procuratorial organ’s disciplinary power,the pre-litigation procedure,the source of the case,the investigation and evidence collection mechanism,and the supporting facilities.It is hoped that the litigation system will be adopted in the future through the above analysis.The development provides assistance to make the system work as it should.