Research On Issues Related To Environmental Public Interest Litigation Filed By Prosecutors

To a certain extent,illegal environmental administrative act by administrative organs may lead to deterioration of the environment.However,traditional ways of administrative litigation has been unable to solve the increasing environmental problems.This requires us to change our thinking and make system innovation,and requires procuratorial organs to bring administrative litigation of public interests as an indispensable part of the environmental administrative law enforcement supervision system,which can effectively prevent and rectify the illegal administrative acts.Even if there are legal and practical bases for the inspection organ to bring up the environmental administrative public interest litigation as the development of public interest litigation system,problems encountered in practice need to be further solved.Therefore,it is still urgent to develop and perfect the environmental administrative public interest litigation system.This article is divided to four parts.The first part elaborates legal principle of procuratorial organs raising environmental administrative public interest litigation supported by public trust theory,the litigant advantage theory and litigation trust theory;and analyzes the necessity and feasibility of Chinese procuratorial organs as practitioners of environmental administrative public interest litigation.The second part summarizes the achievements of environmental administrative public interest litigation brought by our procuratorial organs and finds out the problems in judicial practice.The Third part introduces the advanced experience of the United Kingdom and the United States that on behalf of common law systerm,and Germany,France and Japan that on behalf of Continental law system.And the fourth part puts forward the suggestion of perfecting our country's environmental administrative public interest litigation on filing standards,investigation and evidence collection pre-trial procedure,burden of proof and supervision,etc,as target to improve the system,on the basis of drawing on the foreign countries' advanced experience,with reference tothe problems prsented in the second part and in accordance with the acceptance,the review,the prosecution,and the outcome supervision.