Research On The Investigation And Evidence Collection Power Of Procuratorial Organs In Environmental Civil Public Interest Litigation

In recent years,environmental problems have become more and more serious and become the focus of national attention,and the unbalanced economic development model has increased more and more dangers to the ecological environment.With the acceleration of industrialization and urbanization,the environmental pollution situation is becoming more and more serious,which not only reduces the carrying capacity of natural ecosystems,destroys biological diversity,but also greatly affects people's social production and life.The implementation of environmental civil public interest litigation system provides the channels and legal guarantee for those environmental victims to defend their rights,and also shows our firm determination to strengthen environmental governance.However,in judicial practice,the acceptance of environmental civil public interest litigation cases and China's increasing environmental pollution cases have not reached a balanced state.Because of the characteristics of environmental civil public interest litigation,there are obvious difficulties in collecting and handling evidence after the ordinary fit subject sues,and under this background,the procuratorial organ has become an effective path for environmental benefit protection.In order to give full play to the effectiveness of this path,it is necessary to investigate and obtain evidence in detail and make clear provisions.In addition to the introduction,this will be the following six parts to explore the analysis of the prosecution's investigative and evidence-taking power.The first part,using the case to ask questions,clear this paper mainly solves the problems faced by the procuratorial organs in environmental civil public interest litigation.First of all,the confusion of role orientation is put forward,which is the premise of carrying out the research on the right to investigate and collect evidence.Then,the problem of unclear definition of ownership characteristics,unclear degree of coercion and vague definition of scope is put forward.Then it analyzes the specific dilemmas faced in exercising the right to investigate and collect evidence.The second part is to solve the confusion of the role orientation of the procuratorial organs.Firstly,the relevant theory is summarized and analyzed,secondly,the "public interest litigation prosecutor's identity" is analyzed,and finally,on the basis of the above,the specific role of the procuratorial organs in different stages of litigation is clearly defined.The third part,to solve the problem of investigation and evidence-taking rights of the ownership characteristics of the definition is not clear.Firstly,the attribute of the right to investigate and collect evidence is located,secondly,the right to investigate and collect evidence is compared with the right of civil prosecution investigation and verification,and finally,the right of investigation and evidence collecting of the procuratorial organ is compared with the right of the court to investigate and collect evidence.The fourth part,to solve the problem of unclear degree of compulsory investigation and evidence collection right,a detailed analysis is made from the three aspects of the procuratorial organ's existence of "difficulty in investigating and collecting evidence",the compulsory color of investigation and evidence collection right,and the right of investigation and evidence collection should not be strengthened.The fifth part,to solve the problem of investigation and evidence-taking power exercise scope is not clear,respectively,from different stages of litigation and different types of litigation analysis.The sixth part,to solve the procuratorial organs in the exercise of the right to investigate and collect evidence faced by the specific difficulties.Firstly,it analyzes and expounds the treatment plan of the procuratorial organ's excessive burden of proof in environmental civil public interest litigation,secondly,analyzes and solves the problem that the procuratorial organ's exercise of the right to investigate and collect evidence relies too much on the cooperation of the administrative department,and finally,analyzes and solves the problem of the underuse of the expert auxiliary system.