On The Improvement Of The System Of Environmental Civil Public Interest Litigation Initiated By The Procuratorial Organ

In July 2017,the two-year trial of environmental civil public interest litigation filed by procuratorial organs ended,and the subsequent amendment of the Civil Procedure Law clarified the main qualification of procuratorial organs,making it possible for procuratorial organs to bring environmental civil public interest litigation in accordance with the law.Since the end of the pilot project and its full implementation,the act fully demonstrates the positive role of the procuratorial organ,a state supervisory organ with special functions,in the practice of protecting environmental public interests.The construction of environmental civil public interest litigation system initiated by procuratorial organs in China has always lagged behind practice.Although there have been many theoretical studies on procuratorial public interest litigation in the field of environmental protection before,the main focus is on the rationality of the necessity for procuratorial organs to initiate environmental civil public interest litigation,how to solve the dilemma faced by judicial practice,and how to improve the system is still in the exploratory stage.This paper takes the practice of environmental civil public interest litigation in Jiangsu as the research object Jiangsu Province has summed up lots of valuable experience through lots of practical exploration during the pilot period.The practice of Jiangsu procuratorial organs instituting environmental civil public interest litigation has a demonstration role throughout the country.On the basis of case analysis,this paper consults and studies the typical cases related to the judgment documents online.Through the analysis of these cases,the author believes that due to the establishment of the environmental public interest litigation system soon,the prosecution still faces the following challenges:first,the single source of the case;second,the imperfect pre-procedure;third,the unclear distribution of burden of proof;fourth,the lack of necessary provisions for the attribution and use of compensation in public interest litigation;fifth,the exclusion of private interest litigation.The protection of litigation is not conducive to the economic issues of litigation.From the analysis of the problems,the author puts forward the path to improve the current public interest litigation system,and demonstrates the author's suggestions with the theory and judicial practice in Jiangsu,thus contributing to the improvement of our legal system.