The Procuratorial Organ Brings The Environmental Criminal Incidental Civil Public Interest Litigation Procedure Problem Research

Continuously improving and developing the public interest litigation system of environmental criminal incidental civil(hereinafter referred to as environmental criminal incidental civil)initiated by procuratorial organs is an important path and way to implement the goal of promoting high-quality economic and social development put forward by the Fifth Plenary Session of the 19 th CPC Central Committee.It is also a vivid practice of actively using judicial functions to implement the ecological responsibility provisions of the civil code.As a new litigation mode,environmental criminal public interest litigation attached to the people effectively integrates the functions of criminal sanctions and civil relief,realizes the litigation effect of "1 + 1 > 2",and plays an irreplaceable role in maintaining the ecological environment.However,as a new way of judicial relief for ecological environment,because it is still in the initial stage of development and application,it is very easy to have poor connection and Chaotic Application in the procedural connection between criminal procedure and civil public interest litigation procedure.Therefore,this thesis takes the procedural problems of this kind of litigation mode initiated by the procuratorial organ as the topic,and puts forward perfect suggestions for procedural optimization in combination with the current judicial situation and practical needs.This thesis is divided into five parts.The first part is the introduction.Firstly,it explains the reason and significance of this thesis,and then arranges and analyzes the literature at home and abroad with the key words of trial mode and pre litigation announcement.Finally,it introduces the main research methods,existing innovations and further improvements in the framework process of the whole article.The second part is an overview of public interest litigation attached to the people by environmental punishment.This thesis briefly summarizes the concept,nature and legislative status of the system,and explains the value of the system in practice.The third part is the empirical analysis of the system.Combined with the relevant cases on China’s judicial documents online,this thesis summarizes,summarizes and analyzes the distribution of cases and causes of action in the judicial practice from the formal establishment to the operation of the system,and leads to the empirical situation of the four procedural issues discussed in this thesis.The fourth part is the problems existing in the operation of the system.Focusing on the problems existing in the trial mode,litigation claim,trial organization and reconciliation procedure after the start of the procedure,this thesis points out the realistic barriers that have not been straightened out and need to be optimized in the operation of the specific procedure.The fifth part puts forward its own suggestions on the selection of trial mode and the construction of the best claim system.