Research On Litigation Request Precision In Environmental Prosecution Civil Public Interest Litigation

Environmental procuratorial civil public interest litigation system is an important system to protect the ecological environment.Litigation request is related to the realization of the purpose of litigation.Accurate litigation claims can help improve litigation efficiency,safeguard social public interests and enhance social governance ability.Therefore,it is imperative for the procuratorial organs to promote the precision of litigation claims.The precision of litigation claims can be understood as follows: when the procuratorial organs bring environmental civil public interest litigation or criminal civil environmental public interest litigation to the court,they accurately express the litigation claims according to the provisions of the substantive law and relevant legal facts,combined with the specific damage suffered by the ecological environment.The theoretical basis of supporting the precision of litigation claims is the principle of risk prevention,the principle of function coordination and the principle of diverting complexity.A total of 100 representative cases were retrieved through the website of China Judicial Documents,and combined with the litigation claims filed by the procuratorial organs and the judgment results of the courts,the focus was on the unsupported litigation claims,and the reasoning parts not supported by the courts were analyzed.The characteristics of the litigation claims set by the procuratorial organs when they filed environmental civil public interest litigation were summarized,namely,the concept of ecological restoration was always implemented in the litigation requests.In terms of selection,it is concentrated and closely related to the fields involved.The expressions show the otherness,and part of the claims reflect the spirit of humanistic care.Based on the study of sample cases,it is found that there are still the following problems in the litigation claims,mainly manifested in: the litigation claims pay more attention to the post-claim work but ignore the preventive work in advance,which makes it difficult for the preventive litigation claims to play a role;The compensation scope attaches importance to the restoration cost but neglects the loss of ecological environment service function,resulting in the loss of compensation amount.The calculation of the amount of compensation relies too much on expert opinions and opinions,resulting in a long litigation period and expensive appraisal costs;The vague application of the apology request leads to its mere formality and fails to give full play to its disciplinary function.These problems will hinder public interest litigation system advantages into governance effectiveness.This paper analyzes the problems existing in litigation claims and finds out the causes of the problems,so as to explore the path of realizing the precision of prosecution claims.Specifically,the procuratorial organs should take the prevention of public interest litigation as an important measure to expand the scope of public interest litigation cases,timely eliminate the major risks that may damage the public interest,promote the treatment of the source,do a good job in front of the disease,and further specify the authorization to solve the procuratorial organs can not rely on the worry;At the same time,for the damaged ecological environment,the recovery request as the first litigation request,to achieve the organic unity of prevention and restoration;The specific scope of compensation for ecological damage should be unified,and ecological restoration costs and loss of ecological and environmental service functions should be fully covered.Make clear the applicable conditions and methods of apology,enrich the means of enforcement of apology,and ensure the effective play of the educational and disciplinary functions of apology;We will innovate the way of calculating the amount of environmental damages,improve the virtual governance cost method,apply computer models to cases with small amounts,and solve the problem of long litigation cycles and expensive appraisal costs in environmental cases.