Research On The Application Of Civil Environmental Public Interest Litigation Initiated By Procuratorial Organs

The ecological environment resources belongs to the whole society and they are shared by the whole society.The ecological environment is not only about the present,but also will continue into the future.Because China is currently in a period of transition,getting rid of the old ideas that only attach importance to economic construction,and paying more attention to the overall development of things,and the transformation of Chinese current natural environment and social environment also has caused the attention of different social subjects to other fields.In addition,the transformation of China's current natural environment and social environment has also led various social subjects to pay attention to the protection of the environmental field.In June 2017,the Standing Committee of the National People's Congress made amendments in the provisions of the Civil Procedure Law and the Administrative Litigation Law.It has given the Procuratorate the corresponding legal powers in environmental public interest litigation.In the first half of the article,the author makes a simple exposition on how to define“environmental public welfare" in an attempt to provide the procuratorate with favorable theoretical support in detennining what constitutes "civil environmental public interest litigation".While analyzing other characteristics such as the diversity and professionalism of the environmental public interest litigation itself,it introduces the proprietary comparative advantages such as the independence and integration of the Chinese procuratorate.In theory,the issue of the function orientation of the procuratorate is different in the academic circles.Some scholars believe that the procuratorate plays the role of "representatives of public interest litigation" in civil public interest litigation;others believe that the procuratorate can only act as legal supervisors.After comprehensive foreign civil society public interest litigation,the author believes that in the current situation of civil public interest litigation in China,the procuratorate can have the above roles in civil environmental public interest litigation,which is more conducive to the improvement of China's current civil environmental public interest litigation.In practice,the procuratorate have made great progress in the specific application of civil environmental public interest litigation.However,due to the relatively short implementation time,the theory and practice are not fully connected,and the implementation process will still face such problems as lack of personnel and cost,poor cooperation and other issues.After the survey of sampling costs,statistics on the number,geographical distribution,court trial level and trial level of civil public interest litigation cases nationwide were conducted.It was found that the field of case concentration and the trial of the court were mostly the first instance and other realities.The three typical cases listed have elaborated the positive effects and existing major problems in the current civil environmental public interest litigation,and also discussed the causes of the problems from three aspects in light of the actual situation.Therefore,in the last part of the article,this paper draws on the useful components of Chinese current civil environmental public interest litigation representative case and draws on the mature laws and regulations and practical experience of foreign civil environmental public interest litigation,how to respectively improve the existence from internal and external aspects.The environmental problems and the bottlenecks encountered in the public interest litigation in the civil environment and the follow-up of the case have raised some points of view and given several suggestions.It should be emphasized that the civil environmental public interest litigation is a gradual process.Because of the long incubation period and other reasons,it can not be immediately effective after implementation.It also requires the joint efforts of other experts,scholars and social citizens to promote the benign nature of civil environmental public interest litigation.The author also hopes that through the discussion of this article,it can be used as a reference for the current civil environmental public interest litigation in the context of modernization of the rule of law.