Research On The Legal Issues Of Procuratorial Organ In Environmental Administrative Public Interest Litigation

Environmental protection is a major issue related to the national economy and people's livelihood.Environmental protection,ecology and green are among the social consensus of the moment.In the legislative process,the new environmental protection law,known as the strictest of history,has further strengthened the "environment mechanism".In law enforcement,the strictest standards are strictly enforced,and administrative,judicial and other measures are used to crack down on the destruction of eco-environmental crimes.In the judicial system,by lowering the threshold of benefits and relief,we will protect the ecological development by judicial impartiality.As a legal supervision organ,the procuratorial organs of judicial organs,in addition to crack down on a breach of the environment and resources protection,also should be endowed by the constitution and the law of the legal supervision responsibility,from the new requirements of protection of public welfare,to explore how to establish and perfect the system of environmental public interest litigation.Because the concept of public welfare has not been clearly defined in the theoretical circle,it can be divided into civil and administrative environmental public interest litigation according to the different legal relations.Environmental civil public interest litigation is mainly about the illegal environmental protection of the equal subjects,and the public welfare through litigation,which aims to encourage the actor to abide by the law of environmental protection.The latter is an administrative lawsuit filed by the environmental watchdog to urge environmental authorities to strictly regulate law enforcement.In the process of the reform of procuratorial organs to public interest litigation,the most is the administrative organ is not started or started the printing in litigation,and administrative public interest litigation cases of environmental and resources protection class than other areas,so meticulous research of legal issues,administrative environmental public interest litigation,the more help to promote perfection of procuratorial organ public welfare lawsuit system.At the same time,the author believes that although this article is involved in procedural law,litigation is only the means and the fundamental purpose is to protectthe environment.This paper has three parts:The first part introduces the present situation of environmental administrative public interest litigation in the pilot province.From the general theory of environmental administrative public interest litigation,in-depth interpretation of its function orientation,scope of cases and the application requirements,and emphatically introduces the pilot province of environmental administrative public interest litigation practice case examples,layer upon layer strip away the status quo of environmental administrative public interest litigation in our country.The second part introduces the existing problems of environmental administrative public interest litigation in theory and practice.There is no formal basis for the process of environmental administrative public interest litigation.Second prosecutors appear in court to support environmental administrative public interest litigation.The investigation and forensics of environmental administrative public interest litigation is still difficult;The four inspection methods are inconsistent with the understanding of environmental administrative public interest litigation;The force of the five procuratorial organs and other litigants is not strong.The third part takes the environmental administrative public interest litigation as the entry point,and promotes the improvement of public interest litigation system formation.There are four measures:first,establishing and improving the working mechanism of improving the environmental administrative public interest litigation.The second is to clarify the status of environmental administrative public interest litigation;Third,strictly regulate environmental administrative public interest litigation procedures;Fourthly,strengthen the setting,staffing and supervision of environmental administrative public interest litigation institutions.