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

Since the reform and opening up,China 's economic and social construction has made remarkable achievements,but the problem of ecological environment destruction also arises.Since the 18 th National Congress of the Communist Party of China,China has continuously strengthened its efforts in environmental protection and made new progress in environmental protection.Since 2015,China has begun to explore the procuratorial organs to initiate environmental public interest litigation and put forward suggestions for improving the environmental protection system.The amendment of?Civil Procedure Law?and?Administrative Procedure Law?in 2017 formally incorporated the environmental public interest litigation system initiated by procuratorial organs into the legal system,opening a new chapter in the protection of environmental public interest.However,it should also be noted that there are many shortcomings in the current system.In order to fit the situation of environmental protection and judicial practice in China and ensure the effective implementation of the environmental public interest litigation system initiated by the procuratorial organs in China,the system needs to be improved from many aspects.The article is divided into four parts.The first part starts with an overview of the environmental public interest litigation system by procuratorial organs,analyzes the theoretical basis for the existence of the system,and points out that the foothold of the system lies in the constitutional positioning of the procuratorial organ,namely,the legal supervision authority,emphasizing the modesty of the procuratorial power.Finally,it analyzes the function of the system,namely,protecting the public interest of the environment,making up for the lack of other qualified subjects,and accelerating the modernization of Chinese environmental governance system and governance capacity.The second part analyzes the system construction and judicial practice of environmental public interest litigation.Firstly,it combs the development context and divides it into four stages : preliminary exploration before 2004,in-depth practice in2004-2013,bold attempt in 2013-2015 and rapid development after 2015.Then it analyzes the judicial practice and practical experience of environmental public interest litigation initiated by procuratorial organs since the pilot.The third part summarizes the problems of the system.At the legal system level,there are some problems in the system of environmental public interest litigation brought by the procuratorial organs,such as the unclear litigation status of the procuratorial organs,the unclear right to dispose,and the imperfect pre-litigation procedure.In judicial practice,the procuratorial organs are faced with the problems of narrow source of case clues and insufficient ability to handle environmental public interest litigation cases.The fourth part puts forward some suggestions for improvement of the system.From the perspective of legal system and judicial practice,it is proposed to clarify the litigation status of procuratorial organs,clarify the disposition power of procuratorial organs,and improve the pretrial procedure.It is necessary to improve the clues mechanism of environmental public interest litigation cases and improve the ability of procuratorial organs to handle environmental public interest litigation cases.It is hoped that these suggestions can help to improve the procuratorial environmental public interest litigation system in China.