Research On Environmental Criminal Incidental Civil Public Interest Litigation

Under the background of national judicial system reform,the connotation of legal supervision is richer,and the procuratorial authorities are empowered to initiate public interest litigation,combining and integrating their internal functions,extending criminal litigation and public interest litigation,and creating a new pattern of integration of the "four major procuratorial" areas.Environmental criminal incidental civil public interest litigation innovation litigation mode,while realizing the double protection of criminal legal interests and civil legal interests,has a significant advantage in promoting the construction of ecological civilization and the rule of law,improving litigation efficiency,saving judicial resources,and ensuring a comprehensive and fair trial of cases.This paper adopts a case study approach to point out the dilemmas of judicial practice,and adopts a comparative analysis approach to draw on the advanced experiences of foreign countries and some provinces and cities in China,and put forward suggestions for improvement that are suitable for China’s national conditions.The first chapter combs through the relevant literature,introduces the research background and significance,research ideas and innovation points.Chapter 2discusses the concept,characteristics,necessity,feasibility and historical evolution of environmental criminal incidental civil public interest litigation.Chapter 3 points out the legislative and judicial problems.The pre-litigation notice procedure is rigid,and the mode of determining the defendant subjects is not uniform;the value of the procuratorial authorities’ mediation and conciliation rights needs to be explained,the initiation of mediation and conciliation procedures is lagging behind,and the power of disposal needs to be regulated;there are deficiencies in the linkage mechanism of ecological restoration in terms of fund management,implementation and supervision,and restoration means;the current practice of collecting punitive damages into the state treasury and using them for national public utilities is prone to the formation of power-seeking and does not consider compensation for the right to the environment of the inhabitants who have been damaged.Chapter 4 makes recommendations for improvement.In pollution cases,the pre-litigation announcement should be cancelled,and in resource cases,the pre-litigation announcement should be replaced by waiver or litigation entrustment,so as to improve the efficiency of litigation.The significance of mediation and settlement is that it can motivate defendants to fulfil their responsibility for environmental remediation as soon as possible and ease the strain on litigation resources;this procedure should be front-loaded in due course,with the protection of environmental public interest as the bottom line,by conducting mediation and settlement hearings,strengthening mediation and the court should establish a mechanism of incentives and penalties to regulate the operation of the power by conducting mediation and settlement hearings,strengthening the court’s substantive review,and establishing incentive and punishment mechanisms.The establishment of an ecological and environmental public interest fund account,a third-party pool of professional restoration enterprises,the adoption of diverse restoration methods,the introduction of participation by individuals and social organisations,and the strengthening of long-term collaboration between all parties to enhance the implementation of ecological restoration;punitive damages need to return to their origins,keep pace with the times,and focus on the environmental rights of residents in the area where environmental damage has occurred,and establish a four-tier ecological and environmental restoration public interest fund at the national level,with funds earmarked for this purpose.