An Study On Environmental Civil Public Interest Litigation Brought By Procuratorial Organs

The system of environmental civil public interest litigation brought by procuratorial organs has been basically established after such periods as authorized pilot and legislative regulation.In 2018,the Supreme People's Court and the Supreme People's Procuratorate of the People's Republic of China made the judicial interpretation for provisions on procedural contents such as jurisdiction,pretrial procedure,and start-up mode of second instance procedure.However,as a new litigation system,there are still many imperfections in legislation and judicial practice,which affect the performance of value and function of the system.Therefore,it is extremely necessary to sort out the legislative status of the system and the problems thereof existing in judicial practice,and further put forward suggestions to improve the system design thereof.In addition to the introduction and conclusion,the thesis is divided into three parts,totaling more than 20,000 words.Part One discusses the practical status of environmental civil public interest litigation brought by procuratorial organs.Based on statistics analysis of 21 judicial cases and combined with the actual situation in the judicial practice,this part reveals problems and difficulties in the legislative and judicial level facing in environmental civil public interest litigation brought by procuratorial organs,including unknown status,unclear orientation of the burden of proof,failure to give full play to pretrial procedure,and confused connection with the ecological environment compensation litigation.Part Two analyzes the causes of the problems in environmental civil public interest litigation brought by procuratorial organs.Based on study and discussion from the aspect of legislation,judicature and theory,this part elaborates the main reasons for role conflicts brought by “dual identity” of procuratorial organs,disputes over the distribution of the burden of proof triggered by special identity,faultiness in system design of pretrial procedure as well as the difficulties in connecting related systems.Part Three proposes suggestions to improve the institution of environmental civil public interest litigation brought by procuratorial organs.This part presents some suggestions,including defining the role of procuratorial organs in environmental civil public interest litigation,clarifying the burden of proof thereby procuratorial organs therein,improving the specific system design of pretrial procedure,and rationalizing the litigation sequence of procuratorial organs in the compensation system of ecological and environmental damages.