Research On The Environmental Civil Public Interest Litigation Filed By Procuratorial Organization

Since the Fourth Plenary Session of the Eighteenth Party of the Party explicitly proposed to explore the establishment of a public prosecution system initiated by the procuratorial organs,the National People's Congress Standing Committee ? the Supreme People's Procuratorate and the Supreme People's Court are taking active actions,they released a series of judicial interpretations and policy documents on“Prosecutors' Prosecution of Public Interest Litigation”.Since July 1,2015,China has carried out a two-year trial by the procuratorial agency to institute a public interest litigation system.The procuratorial organs filed environmental public interest litigations from theoretical discussions to the countertops of judicial practice.As the prosecution authorities conducted trials in many aspects by submitting environmental civil public interest litigation trials,significant results have been achieved.On June27,2017,the Standing Committee of the National People's Congress voted on the decision to amend the Civil Procedure Law of the People's Republic of China,clearly stating that the procuratorial organs filed public interest litigation in the Civil Procedure Law.However,in the judicial practice of the pilot,the procuratorial organs have also exposed some problems in the environmental public interest litigation,such as the status of the procuratorate in the litigation,the nature of its investigation and evidence collection,and the request for litigation,whether it can be mediated with the other party,etc.These aspects need to be further improved.This article is based on the prosecutor's office's trial of environmental civil public interest litigation.It summarizes the achievements that have been made.It conducts the latest research on a series of problems in the pilot process and puts forward its own sound suggestions and opinions.The purpose is to further improve the procuratorial organ's introduction of an environmental civil public interest litigation system and establish a procuratorial agency with Chinese characteristics to initiate an environmental civil public interest litigation system.This article mainly includes five parts: The first part mainly introduces the rise of environmental public interest litigation under the background of environmental pollution.The author mainly introduced the origin of environmental public interestlitigation and the tortuous course of China's environmental public interest litigation development.Then he focused on the analysis of the limitations of general environmental public interest litigation.Through the comparison of environmental civil public interest litigation and private interest litigation,it introduced the special features of environmental civil public interest litigation.The second part mainly introduces the highlights and superiority of prosecutors' environmental civil public interest litigation.Through the analysis of the environmental protection department's administrative measures can not well maintain the ecological environment and environmental protection organizations to bring environmental public interest litigation limitations,which leads to prosecutors as a public benefit.The advantage enjoyed by the litigation prosecution subject,combined with extraterritorial experience,will once again demonstrate this superiority.The third part introduces the pilot work of China's procuratorial agency to initiate environmental public interest litigation,sums up the results achieved by the pilot,The fourth part puts forward the difficulties and problems in the pilot process.The fifth part proposes to further improve the proposal made by the procuratorial organs in China to institute an environmental civil public interest litigation system.To clarify the rights and obligations enjoyed by the procuratorial agency in litigation,specify that it has the right to compulsory investigation and evidence collection,add injunctions and punitive damages as its litigation claims,and clearly define its right to mediation,etc,so that the procuratorial organs can participate in environmental civil public interest litigation.It can play the role of protecting the public interests of the environment better.