Study On The Civil Public Interest Litigation System Of Criminal Collateral Environment

In order to protect the public interest,in March 2018,the Supreme People’s Procuratorate and the Supreme People’s court stipulated for the first time in the interpretation on Several Issues concerning the application of law in procuratorial public interest litigation cases that procuratorial organs can submit civil public interest litigation to the people’s court when handling criminal cases in the field of environmental protection and food and drug.This marks the establishment of a new litigation system of criminal incidental civil public interest litigation in China.In the following two years of judicial practice,people’s courts around the country have handled thousands of criminal incidental civil public interest litigation,which also shows that this litigation system has certain advantages in protecting public interests.The author makes a large number of empirical analysis on the cases of civil public interest litigation in criminal collateral environment,After summarizing and analyzing the data,it is found that the function orientation of the civil public interest litigation system of the criminal incidental environment is vague,and there is lack of relevant normative documents to regulate it.As a result,there are some deviations in the understanding of the practice of civil public interest litigation of criminal incidental environment,which leads to the inconsistency in operation.The specific performance is that the subject position is not clear in the litigation,and there are differences in the trial procedure.In the trial of the case,there is also the phenomenon that the application of environmental civil liability is not standardized,resulting in environmental loss can not be fully remedied,and environmental relief standards are not unified.To solve these problems,first of all,through doctrinal analysis,It is clear that the civil public interest litigation of criminal collateral environment should play a role of coordination,dredge the institutional relationship between civil and criminal litigation,and make the two litigation more efficient.Highlight the independence of environmental civil public interest litigation,and conditionally give the plaintiff the legal status of public interest litigation.At the same time,we need to improve the establishment of relevant laws and regulations to provide the basis for the procuratorial organs to put forward civil public interest litigation of criminal incidental environment.In the process of litigation,we should fully refer to the conclusion of professional compliance,so as to ensure that the public interest of environmental resources can get complete relief.