Research On The Legal System Of The Procuratorial Organ In Environmental Civil Public Interest Litigation

At the same time of economic and social development,environmental pollution incidents occur frequently.In environmental public interest litigation,it is not enough to depend solely on the strength of relevant organizations and social groups,and the procuratorial organs' role in environmental public interest litigation is of crucial importance.Article 55 of China's Civil Procedure Law clarifies that procuratorial organs can participate in environmental civil public interest litigation,including two methods:one is the way to file a suit directly,and the other is to support the way of prosecution.Later,in the judicial interpretation,it was stipulated that the procuratorial agency instituted a lawsuit in the capacity of "public interest litigation prosecutor" and standardized related rights and obligations.However,there are no laws and regulations that stipulate the relevant contents in support of prosecution in detail.It is a part of the lack of participation of the procuratorial organs in the environmental civil public interest litigation system.Based on the experience of civil prosecution in other countries,this article mainly analyzes the related theory of procuring public interest litigation in our procuratorial organs.Based on the cases in judicial practice of our country,combined with the cases in China's judicial practice,the problems existing in China's procuratorial organs' participation in environmental civil public interest litigation are clarified,and relevant suggestions are put forward.This article is divided into four parts to elaborate.The first part introduces the basic situation of procuratorial organ participating in environmental civil public interest lawsuit is summarized,this paper analyzes several characteristics of procuratorial organs participation in environmental civil public interest litigation:the complementarity of roles,the authority of the identity,the particularity of the program and the manner in which the procuratorial organ participates.The second part introduces the theoretical and practical basis of China's procuratorial organs participation in environmental civil public interest litigation is analyzed and studied.The third part introduces the problems existing in China's procuratorial organ participation in bringing up and supporting environmental civil public interest litigation.The fourth part addresses the problems existing in China's procuratorial organ participation in environmental civil public interest litigation,and puts forward corresponding suggestions for improvement from the aspects of prosecution conditions,scope of cases,support methods,jurisdiction,litigation status and rights enjoyed.