Research On The Legal System Of Environmental Public Interest Litigation Brought By Procuratorial Organs

Facing the increasingly severe environmental problems brought by economic development,China has gradually carried out the exploration and practice of starting environmental public interest litigation by procuratorial organs in order to deal with mass and regional environmental pollution,ecological damage and other environmental public interest infringement incidents in a more normative way.Since the pilot work started in 2015,the system has experienced a development process from shallow to deep,from less than comprehensive,with many loopholes,to continuous improvement.By 2018,the relevant legislative and judicial departments had issued a number of policies and regulations,which clarified the qualification of the procuratorial organs as the plaintiff in the environmental and ecological public interest litigation,and also detailed and emphasized the subject of the litigation,the procedure and the evidence.These regulations are of great benefit to deal with the problem of lack of subjects of public interest litigation,and well deal with the problem of subjects of prosecution and initiation of proceedings.But at the same time,the environmental public interest litigation system brought by the procuratorial organs has encountered many theoretical disputes and practical difficulties in its operation.At present,there are several prominent features in the operation of the systemthe pre-litigation procedure is widely used,which is the most important way to deal with cases;The environmental administrative public interest litigation is the main type of handling cases,but the environmental civil public interest litigation is relatively insufficient,forming the mode of "acting as the advocate and the auxiliary"In the cases that enter the proceedings,the procuratorial organs lose few cases,and almost all of them are closed cases of first instance.The above operation status reflects the following problems:the role of procuratorial organs in environmental public interest litigation is not clear,resulting in their role as both legal supervisors and litigants,making them in an awkward position of role confrontation;The position of the prosecution and the defense is not equal.The two sides have different ability to obtain evidence,and the counterclaim makes it difficult for the prosecution and defense to form substantive confrontation.A large number of administrative public interest litigation pre-litigation procedures,crowding out the civil public interest litigation operation space,litigation procuratorial organs win the high rate of litigation;And the impact of the procuratorial organs' intervention in civil and administrative litigation on the traditional litigation structure.The reasons for the above status quo are not only the operational factors in practice,but also the underlying legislative logic,in other words,the inevitable result of the current system design.Procuratorial organs start environmental public interest litigation procedure has its legitimacy and rationality,but the existing system of form a complete set of design there is still a logical flaw,in the process of actual operation,not only by the procuratorial organs filed path crossed,two kinds of lawsuit is the civil public interest litigation system and administrative public welfare lawsuit system function of a range of coincidence,the procuratorial organs with the necessity of the civil public interest litigation system,but also leads to the judicial relief before the administrative remedy,there is no "judicial tolerance and passive","respect the right of administrative judgment for the first time.Therefore,the system still needs to be improved to adapt to the development of public interest litigation practiceTo solve above problems,this article through the method of literature research,outside is environmental public interest litigation of procuratorial organ's legitimacy foundation is analyzed,the procuratorial organs filed the environmental public interest litigation system path,through studying the legitimacy basis of procuratorial organ public interest litigation,combined with the domestic judicial practice,in the perspective of dynamic justice and judicial tolerance,highlight the "legal supervision organs of the people's procuratorates properties,clear to participate in the role of public interest litigation procedures,participate in litigation,as a" public "follow ahead of judicial power,executive power society participate in before the public power of logic,This paper tries to explore a new path of public interest litigation by giving full play to the respective advantages of administrative management and procuratorial administrative public interest litigation,and the two can cooperate with each other to achieve the task of safeguarding the interests of environmental law.The purpose of this research is to clarify the basis of procuratorial organs participation in environmental public interest litigation from the legal level,and explore a more perfect and practical judicial operation path from the institutional level,so as to reduce the disputes and difficulties in practice as much as possible,and truly promote the development of public interest litigation in China.