Research On The Problem Of Procuratorial Organ Initiating Environmental Administrative Public Welfare Litigation In China

In China,we can confirm without hesitation that along with China's continuous development of the national economy,the environment has been deteriorating.As the great importance to eco-environmental construction attached by Chinese national leaders and realistic worry in environmental problems such as haze and water contamination by Chinese citizens in moderm society,the environmental protection has become one of the important issues at all times in our country's basic national policy.Environmental problems are not only the problems that affect the sustainable development of China's economy and society,but also one of the important factors that affects the health of citizens.The procuratorial organ is defined in the constitution as "the state organ for legal supervision".In carrying out the environmental protection law enforcement,strengthening the legal supervision of administrative organ is an inherent requirement in full execution of legal supervision by the constitution.After two years of practical exploration in filing the public interests litigation in pilot regions.In June 2017,the National People's Congress added the relevant provisions to the interest litigation both in administrative and civil realms,which provides the tip-top legal basis for procuratorial organ to file the administrative public interesting litigation.How to utilize the procedure of administrative public interest litigation in environment is regarded as an arduous task for Chinese prosecutors at this crucial stage of judicial system reform,so as to maintain the Chinese blue sky,the construction of the beautiful China and ultimately provide legal protection for citizens' basic survival rights and environmental rights.This paper introduces the main theories and development of environmental administrative public interest litigation in America,Japan and Germany,so as to effectively explore the legal basis and practical needs of the prosecution of environmental administrative public interest litigation,which provides a feasible demonstration for procuratorial organ as the litigation representative to safeguard national interests and public interests from the judicial point of view in order to prevent the abuse of power.At the same time,the paper provides respective designcombining procuratorial organ two years of experience in pilot areas with how legal and valid it is in initiating administrative environmental public interest litigation so as to highlight the characteristics of administrative public interest litigation in environment by procuratorial organ as the proper plaintiff different from other traditional administrative Iitigations and accentuate unique advantage of it comparing with the environmental public welfare litigation by other social organizations.