Research On Procuratorial Organs Filing Environmental Public Interest Litigation Issues

In the situation of serious environmental pollution and frequent environmental infringement incidents,procuratorial organs filing environmental public interest litigation is not only an innovation in the practice of safeguarding social and public interests,but also an inevitable requirement of the development of The Times.The thesis discusses about four major issues in turn which are the basic theory of procuratorial organs filing environmental public interest litigation,the evolution of legal basis and the current situation of judicial practice,the problems of the system and its operation,and the suggestions for improvement by comprehensively using the methods of documentation and demonstration,normative analysis and value analysis.Adhere to the dialectical materialism in the study,while affirming that the procuratorial organs filing environmental public interest litigation has the institutional advantage of strongly safeguarding the public interest of the environment and supervising the operation of administrative power in the "official to official sue" mode,it also believes that there are potential institutional risks such as invading individual rights,occupying social governance space,and squeezing society's opportunities to supervise administrative power through public interest litigation.Under the guidance that procuratorial organs filing environmental public interest litigation should follow the modesty principle,and on the basis of analysis of the current situation of legal basis and judicial practice,it is believed that there are the following three major but not all deficiencies in procuratorial organs filing environmental public interest litigation: First,there is insufficient connection between criminal,civil and administrative laws.Second,there are some vacancies in the procedures for concurrent litigation and supporting litigation of litigation requests,controversies in the pre-litigation procedures of criminal incidental civil environmental public interest litigation,and imperfect regulations on investigation rights and other procedures.Third,there is a lack of related supporting mechanisms.It is believed that the first deficiency should be improved by suggestions as revising the legal provisions of incidental civil public interest litigation,improving the "two-in-one" or "three-in-one" centralized trial mechanism,and improving the legal provisions for the transformation of evidence in civil,administrative,and criminal environmental public interest cases.The second deficiency can be improved by measures such as supervising procuratorial organs to perform their duties mainly,supplemented by filing a litigation,strengthening procuratorial organs' support for prosecutions,refining the conditions of criminal incidental civil environmental public interest litigation,clarifying and refining prosecutorial organs' investigation power.For the third deficiency,it can be improved by countermeasures such as constructing the environmental public welfare special fundsystem,environmental public interest litigation information disclosure system,and supervision system.It is expected that China's procuratorial organs filing environmental public interest litigation will receive the maximum value of safeguarding the public interest of the environment,supervising administration in accordance with law,protecting citizens' rights,and expanding social governance space.