Research On The Mechanism Of Criminal Incidental Environmental Civil Public Interest Litigation

On March 2,2018,the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation of Several Issues Concerning the Application of Law to Procuratorial Public Interest Litigation Cases.Article 20 establishes a system of civil public interest litigation attached to a criminal law,marking a civil public interest litigation.On the basis of administrative and public interest litigations,a new type of litigation,including incidental civil public interest litigations,has been added.Criminal incidental civil public interest litigations for crimes against ecological environment and resource protection are criminal incidental civil public interest litigations.The main function of this lawsuit is to save judicial resources,such as finding out the facts of the case,to balance the civil and criminal liabilities caused by the same environmental violations,and to urge the offenders to consciously repair the environment.Because this judicial interpretation is only a principled provision that can be used to bring a criminal incidental civil public interest lawsuit against the crime of damaging the ecological environment and resource protection,there are no specific provisions on how to apply it,leading to a lot of questions in the academic and practical circles about the application of the rules.The first chapter analyzes the current situation of the civil environmental public interest litigation in the criminal incidental environment,and finds that the number of cases is increasing.The procuratorial organs are the main force in bringing a lawsuit.In the incidental litigation,some courts adopt the "first-people-first-served" trial mode.However,as a new type of litigation,there are also many deficiencies.The scope and status of the subject of the prosecution are not clear,the application of the litigation model is questionable,the traditional rules of jurisdiction have been breached,and the pre-litigation announcement has been disputed.The second chapter defines the scope and status of the prosecution subject of the criminal public environmental litigation.The first section defines the scope of thesubject of prosecution.Combing the doctrine of the scope of the prosecution subject,the "prosecution agency theory" and "multiple subject theory" and their supporting reasons,the author believes that the prosecution subject should include environmental protection organizations,environmental protection administrative agencies and procuratorial organs.The diversity of prosecution subjects can improve social autonomy and enhance Social environmental awareness.Section II defines the status of the prosecution subject.The procuratorial organs are both public prosecutors and plaintiffs in incidental civil public interest litigation in litigation.Their status is controversial,and their status doctrine is summarized.It is clear that the procuratorial organs have instituted litigations based on the "litigation trust" theory,and are in the "ordinary plaintiff" status in litigation.In practice,the title of the prosecution subject is numerous.The author believes that the title of the prosecution subject should be unified as the "plaintiff with civil public interest litigation",which is in line with the public interest characteristics of the litigation and the plaintiff status of the prosecution subject.The third chapter studies the choice and improvement of the trial mode of the civil environmental public interest litigation in criminal incidental environment.The first section is the choice of trial mode.There are few studies on the trial mode of the civil environmental public interest litigation in criminal incidental environment.From the perspective of the system structure,the criminal collateral environmental civil public interest litigation and criminal collateral civil litigation have structural similarities.The system adopts the mode of criminal collateral civil litigation,which can be studied by using the traditional criminal collateral civil litigation trial mode.After analyzing and comparing the advantages and disadvantages of the trial mode of “antecedents first and then the people” in the traditional criminal incidental civil litigation,the trial mode of the civil public interest litigation in the environment with criminal incidents was selected.The "trial punishment" trial mode is supplemented by the "trial before the people" trial mode and clarifies the respective scope of application.The second section is to improve the trial mode.The "first punishment before the people" model has the strong color of "heavily punishing the people but not the people." The independence of "public interest litigation" is difficult to guarantee.To improve this model,judges need to consider the evidence content,proof standards,and trial procedures.And so on to reasonably distinguish and link civil proceedings.The trial model of “first-come,first-serving,punishment” lacks direct legal requirements,and the civil public interest litigation in the criminal incidental environment has a “public interest” feature compared with the criminal incidental civil litigation,so this model differs from the criminal incidental civil litigation in the application process.To improve this model,we should combine the "public interest" characteristics of the civil environmental public interest litigation in the criminal incidental environment with specific procedures such as the application stage,litigation procedures,scope of compensation,and the extent to which civil liability affects criminal liability.The fourth chapter perfects the rules of procedure of the system.The first section is the improvement of the jurisdictional procedures.Through the analysis of typical cases in the jurisdiction,it is concluded that the existing "accompanying criminal" jurisdictional rules have impacted the civil-level jurisdiction and maritime court jurisdictional rules and harmed the defendant's jurisdictional interests.And maritime court jurisdiction rules.At the same time,the reform of the "three-in-one" environmental resources trial court was accelerated to realize the unified acceptance of environmental criminal cases and environmental civil public interest cases.The second part is the improvement of the pre-litigation announcement.The opinions of the prosecutors on whether to implement the pre-litigation announcement process have been classified into two categories: "affirmative" and "negative".The analysis finds that the dispute between the two claims lies in the efficiency of the lawsuit and the main body of the prosecution agency.The author believes that the pre-litigation announcement procedure should be performed to protect the litigation rights of diversified prosecution subjects,and to explore an effective implementation method of the pre-litigation announcement procedure.