Criminal Incidental Environmental Civil Public Interest Litigation System Research

According to the statistics in China Environmental And Resources Trials(2019),the number of civil public interest lawsuits attached to criminal cases concluded in 2019 accounted for 72.3% of the environmental public interest lawsuits initiated by procuratorial organs.In contrast to its tendentious application in practice is the sporadic distribution of the principle provisions of its system and the absence of specific rules.From the perspective of intercross between criminal procedure and civil public interest litigation,the conflict resolution rules of the mutual connection between criminal procedure and civil public interest litigation are still being explored in judicial practice.In terms of jurisdiction,there are conflicts of jurisdiction at different levels due to the cross of criminals;In the aspect of evidence,the power of investigation and collection is weak and the standard of proof is not uniform.In terms of procedure,the selection of procedure and the composition of collegial panel for civil public interest litigation under the framework of the system of guilty plea and punishment;In the aspect of civil judgment and execution incidental to criminal,due to the lack of unified identification mode and standard,different environmental ecological restoration schemes are made for similar cases,and the path of compensation is disordered.On this basis,the prominent characteristics of the public welfare and independence in the definition of the nature of the criminal incidental environmental civil public interest litigation system are confirmed.Facing up to the normalization of district and county procuratorates directly bringing incidental civil public interest litigation;Under the background of the integration of arrest and prosecution,procuratorial public welfare departments intervene in environmental criminal cases in advance to explore criminal and civil one-stop forensics civil;On the basis of the system of guilty plea and punishment,the trial sequence of "criminal and civilian advance" is explored.Establish an implementation supervision and acceptance mechanism that includes the appraiser in the return visit system.