Research On Several Issues Of Environmental Civil Public Interest Litigation Filed By Procuratorate

Since the beginning of the 21 st century,environmental problems have gradually entered people's field of vision and become the focus of social problems.The ‘ reform and opening-up 'policy not only led to the rapid economic growth,after years of the destruction of mining operations,the drawbacks of the extensive economic development model have been exposed to broad daylight.For many years,Chinese enterprises had taken the economic development route called "pollute first,governance after",what puts our fragile ecological environment into more precarious situation.In recent years,the country gradually began to focus on the area of "ecological civilization",the Central Committee of the party also put ecological civilization with economic,political,cultural and social civilization in the same important height,in the field of law,the People's congress also has revised the regulations of environmental tort in the Environmental Protection Law,and Civil Procedure Law.July 1,2015,the NPC Standing Committee made the authorization decision,confirmed that Beijing,Inner Mongolia,Jilin and so on 13 provinces,autonomous regions,the municipal people's Procuratorate carries on the two-year public welfare lawsuit pilot work,the main purpose is to solve the question " unclear,unknown " of procuratorate in the environmental public interest lawsuit in the plaintiff qualification,at the same time urges the procuratorate to carry on the environmental public interest lawsuit into practice.July 2,2015,the Supreme People's Procuratorate issued the "procuratorate to bring public interest litigation pilot Program"(hereinafter referred to as the "pilot Program"),the "pilot program" clarified what kinds of public interest litigation cases the procuratorate can bring,and the identity of the procuratorate in the proceedings,The main contents of the litigation procedure and the scope of the lawsuit request.On the June 27,2017,the NPC Standing Committee adopted the decision on amending the Civil Procedure Law of the People's Republic of China and the administrative law of the People's Republic of China,and the revision of the two procedural law marks the formal establishment of the Public interest litigation system by our procuratorate.Comparing with the relevant provisions of the pilot scheme promulgated two years ago,the scope of civil public interest litigation cases which can be brought by procuratorate in our country has been expanded to a certain extent,from environment pollution cases to the cases of destroying ecological environment and protecting resources.Since the implementation of the reform pilot,procuratorate in various areas had been actively carrying out beneficial attempts in various fields such as ecological environment protection,state-owned assets and property protection,and have brought up many public interest litigation cases,effectively protecting the national social public interests such as eco-environment,food safety and so on.A new system,no matter how carefully designed in the preparatory phase,in the test of practice will also have problems,environmental public Interest Litigation has no exception,during the two-year trial period,the procuratorate and courts constantly groping forward,summing up the useful experience at the same time also constantly find and solve the problems encountered in the judicial practice.This article is intended to discuss and study the relevant problems of the procuratorate in environmental civil litigation in China from four aspects.The first part,summarizes the rationalities of the procuratorate as the plaintiff subject to bring the environmental civil public Interest litigation,the second part,overall carding domestic procuratorate to bring up the general development of environmental public interest litigation system.The third part,taking three typical cases as the cut-in point,this paper introduces the trial process and the result of the case,sums up the cases and find the points which are worth popularizing,analyse the actual operation of the court and the procuratorate in the case,and combined with the relevant laws and regulations,to explore the problems that the procuratorate in the present stage of environmental public interest litigation still have to solve.In the last part,the paper probes into the key problems already put forward in the previous article,and puts forward the corresponding modification and suggestions for the system of procuratorate bringing up environmental public interest litigation...