The Practical Dilemma And Countermeasure Of Environmental Civil Public Interest Litigation By Procuratorial Organs

The purpose of public interest litigation is to protect national interests and social public interests ? With the rapid economic development in recent years,the ecological environment is deteriorating,and the infringement of public interests is becoming more and more serious ? The ecological environment has gradually become an obstacle to the economic development of our country?Experts and scholars in various countries call for judicial remedies to protect environmental public interests ? As a brand-new social and legal phenomenon,environmental public interest litigation has come into our vision and is closely related to everyone's life?International countries have made many efforts to protect public environmental interests?At present,the main bodies of environmental public interest litigation are individual citizens,environmental protection organizations,administrative organs and procuratorial organs,which have both advantages and disadvantages?As the representative of all public powers,procuratorial organs have certain advantages over other litigant bodies?They are the best way to protect the environment and punish crimes?They have independent legal status and statutory investigative power,which can solve the problem of proof well? The team is relatively more professional and can greatly reduce judicial costs? To facilitate efficient and accurate environmental public interest litigation? With the reform of national judicial system,this kind of public power has been endowed with a new function,that is,to initiate environmental public interest litigation on behalf of the state?The duty lies in giving full play to the function of legal supervision,urging the administrative organs to perform their duties actively,and eliminating and controlling environmental pollution from the source?After the Fourth Plenary Session of the Eighteenth Central Committee,a two-year pilot work on environmental public interest litigation of procuratorial organs has been carried out within the scope of the pilot work,and a "system of environmental public interest litigation initiated by procuratorial organs" has been explored?Since then,the judicial practice of public interest litigation initiated by procuratorial organs in China has been guided by theory ? The Supreme People's Procuratorate has successively promulgated the "Pilot Scheme for Reforming Public Interest Litigation by Procuratorial Organs" and the "Measures for Implementing the Pilot Work of Public Interest Litigation by People's Procuratorates",which stipulate in detail the rules of the scope of cases,jurisdiction over filing cases,pre-litigation procedure,proof procedure and litigation sequenceof public interest litigation by procuratorial organs?It provides a basis for practice?On June 27,2017,the Standing Committee of the National People's Congress passed the Decision on the Amendment of the Civil Procedure Law and the Administrative Procedure Law,and the procuratorial organ formally introduced the environmental public interest litigation system into the law?Since July 1,2017,the public prosecution system of procuratorial organs has been officially launched?Although the introduction of these system documents has improved the enthusiasm of procuratorial organs to institute public interest litigation to a certain extent,refined the rules of proof,clarified the jurisdiction of filing cases,stipulated a series of systems such as pre-litigation procedures and expert assistants,but still faced with a series of problems?The article combs the legislative process,theoretical basis,some foreign advanced practices and the inevitability of the system,summarizes and analyses the current dilemma faced by the system in reality,puts forward problems through problem analysis and effectively solves them,and finally puts forward a series of countermeasures and suggestions to solve the problems?We should start building and perfecting our environmental civil public interest litigation system scientifically?In the face of the plight of lack of case sources,insufficient supply of system,lack of professionals and poor execution effect of judgments in environmental public interest litigation,the procuratorial organs should locate accurately and act actively?This paper considers and improves the internal incentive mechanism,the pre-litigation procedure,the supervision of the execution of judgments and the establishment of centralized jurisdiction,in order to seek the perfect path of the environmental civil public interest litigation system in China ? The procuratorial organ,as the best litigation principal to raise environmental public interest litigation,is universally recognized by various countries?This is not only due to the successful experience of foreign countries,but also depends on the legal supervision status of the procuratorial organs themselves,as well as their soft power superior to other litigation subjects? The purpose of this article is to put forward some superficial suggestions for perfecting the system of environmental public interest litigation brought by procuratorial organs in China.