Case Study Of Public Prosecution Lawsuit Filed By Procuratorial Organs

Since the 1970 s,the domestic economy has been in a state of rapid development,and has achieved remarkable results,but the problem of environmental resources has not yet been solved,and even increasingly prominent.These domestic environmental problems is the result of comprehensive effects of various aspects,the main reason is the disorderly ACTS and inaction of some environmental service.Nowadays,although the supporting mechanism and legal system of environmental administrative public interest litigation are not perfect,there have been some studies and analyses in the academic circle for reference in judicial and legislative practice,but practical argumentation still needs to be strengthened.China's environmental administrative public interest litigation started late and was only fully implemented nationwide in July 2017.This paper first studies the theory of procuratorial organs filing administrative public interest litigation.From the perspective of environmental public interest litigation,the scope and concept of research are defined,and the environmental civil public interest litigation is distinguished from the concept and main factors.Then this paper enumerates the legal basis of environmental administrative public interest litigation from the two aspects of substantive law and procedural law,and further analyzes the pilot and comprehensive development.During the pilot period and in the country,the procuratorial organs sorted out the typical cases of “two highs” in the process of environmental administrative public interest litigation,and selected four influential cases for analysis.In view of the problems of the distribution of burden of proof,the unclear scope of the case,and the unclear source of the case,the paper puts forward some countermeasures and suggestions from the legislative and judicial aspects.Legislation should carry out scientific and rational legislative interpretation work,improve the burden of proof mechanism,clarify the scope of the case,determine the statute of limitations and the type of litigation.In the judicial aspect,the pre-litigation procedure should be scientifically set up,and follow-up supervision should be maintained to ensure the realization of the litigation effect.At the same time,in the field of environmental administrative public interest litigation system,a two-way guarantee mechanism for inspection and discipline inspection was established,and an integrated coordination mechanism was formed throughout the organization.