On The Legal Application Of Criminal Incidental Environmental Public Interest Litigation

The birth of the criminal incidental civil public interest litigation system(hereinafter referred to as the criminal incidental environmental public interest litigation system)has broadened the types of civil procuratorial public interest litigation.However,due to the lag in legislation,this litigation system is not specified in the Criminal Procedure,and the Interpretation of the Two High Schools only provides for it roughly.The most obvious consequence of the lag in legislation is that in practice,the qualifications of the plaintiffs,the scope of accepting cases,the pre-litigation procedures and the application of the trial procedures are confusing.This will not be conducive to the development of criminal incidental environmental public interest litigation,nor is it conducive to the development of my country’s ecological environment resource protection work.Therefore,it is very necessary to study the criminal incidental environmental public interest litigation.Through case retrieval in databases such as China Judgment Documents Network,a total of 868 cases have been sorted out in the past three years.After summarizing,the four most controversial issues that need to be improved are selected,namely the subject qualification of the plaintiff,the scope of accepting the case,the pre-litigation procedure and the trial procedure.Through case analysis,the problems are identified,the reasons are explored and corresponding countermeasures are put forward,in order to provide solutions for the disputes in practice with environmental public interest litigation incidental to criminal cases,and theoretically enrich the research content in this field of litigation.In the first part,through case analysis,it is found that the procuratorial organs have disputes in the litigation status in the criminal incidental environmental public interest litigation,and the scope of the subject of the prosecution is not clear.After analyzing the reasons,it is necessary to clarify the litigation status of the procuratorial organs and the improvement measures to clarify the scope of litigation subjects.In the second part,through case analysis,it is found that in practice,there are problems such as too narrow the scope of accepting cases,huge differences in the amount of compensation,unclear definition of social and public interests,and confusion between lawsuits.Further analyze the reasons,and put forward suggestions such as improving the scope of criminal incidental environmental public interest litigation,clarifying the scope of compensation for cases,clarifying the scope of social public interests,and clarifying the boundaries of litigation.In the third part,through case analysis,it is found that there is a lack of specific legal norms in the pre-litigation announcement procedure in practice,and the pre-litigation announcement procedure is performed in an irregular manner.After analyzing the reasons,it is concluded that the legal norms about the pre-litigation announcement procedure are clarified,and the implementation method of the pre-litigation announcement procedure is clarified.In the fourth part,through case analysis,it is found that there are blurred boundaries between environmental civil public interest litigation and criminal litigation in the trial procedure,and the limitation and irregularity of the way of assuming responsibility.After analyzing the reasons,it is concluded that the trial mode of criminal incidental environmental public interest litigation is clarified,the way of assuming responsibility is standardized,and the punitive compensation system is introduced.