Research On The System Of Environmental Administrative Public Interest Litigation Initiated By The Procuratorial Organ

As of July 2017,the successful completion of the two-year pilot work,and on June 27,2017 revision of the "administrative procedural law" as the main body of the only mention of procuratorial organ in the environmental administrative public interest litigation system has carried on the confirmation,which marks the formal construction of the environmental administrative public interest litigation system where the procuratorial organs are the only subject in China.However,the procuratorial organs institute environmental administrative public interest litigation is a "judicial innovation",which comprehensively advances the judicial environment and perfect system standard.Through the examination of the pilot situation,this paper will scan the practical difficulties and institutional defects of the system in the implementation process,and take the basic theory of public interest litigation as the basis,the specific case is the guidance,and combine the actual situation of our country,and point out the perfect path of the system,so as to give full play to the function of the supervision administrative organ to fulfill the function of environmental supervision and management in accordance with the law,so as to improve the environmental condition of China and accelerate the construction of ecological civilization.Apart from the introduction and conclusion,there are four parts in this paper.First part of the basic concepts of the theory ought to be as a starting point,combining with current relevant laws and regulations of our country,tries to define the concept and characteristics of the environmental administrative public interest litigation system in our country.And from the two aspects of theory and reality,the procuratorial organ is justified as the subject of the lawsuit.The second part of the experiment is based on the details of the pilot program,which is a summary of the current laws and regulations and the status of the present and the case,which is to set the stage for the rest of the study.The third part of digging the current procuratorial organs initiate administrative environmental public interest litigation in our country exist the following two aspects:one is the people's procuratorate,the courts and administrative organs to save conflict realistic obstacles,characterized by stopping,supervision of prosecution,the difficult of litigation;The second is the system defect,which shows that the clue source of the case is single,the burden of proof is clear,the damage compensation is disputed and the remedy is not sufficient.How to solve these problems and improve is th challenges facing our country's procuratorial organs to bring up the system of environmental administrative public interest litigation is also the focus of this paper.The Fourth part in combination with related theory and the case of the aforementioned problems,on the basis of in-depth analysis,from the administrative power as the dominant reality of environmental governance characteristics and environment of our country and the political and economic condition of reality,put forward the perfect path:one is to external help:build judicial environment,coordinate internal assurance:the second is to perfect the related system.Hope can through to the implementation of the perfect path,it is beneficial to the construction of the environmental administrative public interest litigation system,so as to ensure that the environmental administrative public interest litigation system should give full play to its due value.