Study On The Legal Issues Of Civil Public Interest Litigation In Criminal Incidental Environment

In recent years,environmental problems have occurred frequently,and we cannot continue to rely on economic development models at the expense of environmental pollution and ecological damage.In order to curb environmental crimes,in July 2015,the Standing Committee of the National People's Congress authorized the Supreme People's Procuratorate to launch a pilot program for public interest litigation by the procuratorial organs,opening a new chapter in environmental public interest litigation.The Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Applicable Laws for Prosecution of Public Interest Litigation Cases,which was implemented in March 2018,for the first time clearly stipulated penalties for acts such as environmental resources crimes,and the procuratorate may file a civil public interest litigation.In order to solve the current severe environmental problems,the procuratorial organs have participated in more and more environmental civil public interest litigation cases.The procuratorial organs have initiated the criminal incident environmental public interest litigation,which has both legal basis and realistic needs.However,in practice,in the case of the retrospective procuratorate filed with the environmental civil public interest litigation,the scope of application of the civil public interest litigation case for criminal incidental environment is too loose or too narrow,and the litigation procedure is applied confusing,thus creating a criminal incidental environment civil There are polarization problems in the number of public interest litigation cases.These problems are not only related to the unclear status of the procuratorate in criminal incidental civil public interest litigation,but also the procuratorial organs' preference for handling cases,the pursuit of winning rates,and poor institutional linkage.Related to derivative legal issues.Therefore,in the criminal public environmental litigation,it is necessary to properly handle the relationship between the criminal prosecutor and the plaintiff of the public interest litigation,refine the scope of the case and the litigation procedures,and improve the connection of the relevant systems.This paper starts with the empirical analysis of the relevant cases of environmental public interest litigation,and makes full use of the Chinese refereeing documents network,Peking University magic,non-litigation and other databases for case retrieval,collating relevant cases and legal regulations in the past two years and analyzing their characteristics,and then looking for After the current legal issues concerning public interest litigation,after a brief analysis of relevant legal issues,the three most important and urgently needed issues are selected for detailed analysis,namely,the plaintiff's subject qualification issues,pre-litigation announcement issues,and mediation system issues.Start with the performance of the problem,study the legal basis of its connotation and improve the necessity,so as to propose amendments.In addition,this paper summarizes the necessity analysis of improving the incidental public interest litigation,and concludes that the incidental environmental public interest litigation is a new system that is constantly developing in China.Although it has certain practical experience,it still needs to be continuously improved from theory and legislation?...