A Study On The Procedural Procedures Of Procuratorial Organs In Environmental Civil Public Interest Litigation

The environmental field is the center of public interest litigation.In the prosecution of environmental civil public interest litigation,the pre-litigation procedure is the focus of the work of the procuratorial organs as important as filing a lawsuit.the pre-litigation procedure as a prerequisite procedure for prosecution of the prosecution agency,play the role of mobilizing the enthusiasm of qualified subjects to initiate litigation,exploit the diversified litigation structure of environmental civil public interest litigation subjects,and save judicial resources.Although China has established an environmental civil public interest litigation system for procuratorial organs,the supporting program design is still in the exploratory stage.The practice of the pre-litigation procedure during the pilot period shows that the pre-litigation procedure for environmental civil public interest litigation has not achieved the purpose set by the system.The judicial interpretation newly issued after the trial has improved the pre-litigation procedure requirements,but there are still prosecutions for environmental civil lawsuits.The pre-litigation procedure of public interest litigation has been illusory,the participation of relevant social organizations is low,and the procedural design of internal prosecutions before the litigation is not operable and lacks negotiation.Based on the review and reflection of the relevant legal basis before and after the trial of environmental civil public interest litigation initiated by China's procuratorial organs,combined with typical case analysis in judicial practice,in order to make the prosecutorial organs of environmental civil public interest litigation pre-litigation procedures play their due functions,we must first legislate Strengthen the standardization and operability of pre-litigation procedures,play the role of procuratorial organs in supporting prosecution,apply multiple pre-litigation procedure implementation methods to different subjects,and build a pre-litigation coordination mechanism for procuratorial organs;secondly,we should attach greater importance to the participation of environmental protection social organizations The role of environmental judicial governance has stimulated the vitality of environmental protection social organizations.In the pre-litigation procedure,we will build a co-governance mechanism for environmental protection and a diversified dispute resolution mechanism,improve the practice of pre-litigation procedures for public interest litigation,and explore the supporting top-level design.Based on the protection posture of the "poster" of the procuratorial organs,we can provide help in a timely manner.The function of the pre-litigation procedure has been expanded to achieve the best judicial status of protecting the public interest in the environment before the litigation.