Analysis And Improvement Of The Current Situation Of Plaintiffs In Environmental Civil Public Interest Litigation

The 14 th Five-Year Plan points out that green development should be promoted and harmonious coexistence between man and nature should be promoted.Therefore,the protection of environmental resources has become a hot topic of the times and an important topic in environmental civil public interest litigation.The full paper focuses on the current situation and improvement of plaintiffs in environmental civil public interest litigation in the context of building a "beautiful China".Firstly,the historical process of environmental civil public interest litigation is studied,and the environmental civil public interest litigation system of foreign countries and the statutory categories of plaintiffs in China are analyzed.Secondly,by discussing the advantages of the two main statutory plaintiffs in environmental civil public interest litigation,the advantages of procuratorial organs are as the advantages of authority,experience accumulation and legal expertise,independence and litigation costs.The advantages of social organizations are relatively timely problem discovery and high professionalism in environmental protection.Thirdly,this paper analyzes the problems of the two plaintiffs in environmental civil public interest litigation between the procuratorate and social organizations,and finds that their common problems are the difficulty of fixing and collecting evidence,the lack of connection between the two,and the lack of tacit cooperation between the two statutory plaintiffs and administrative organs.The problems of the procuratorate are that the pre-trial procedure is not perfect,and the channels for the source of leads are narrow;The problems of social organizations focus on the difficulty of filing cases,the lack of funds,and strict registration.Finally,improvement measures are proposed in view of the advantages and problems of the two plaintiffs in environmental civil public interest litigation.In view of actively consolidating and developing the advantages,in the face of problems,the common improvement measures of the two are to strengthen cooperation between the two plaintiffs,and between the two and administrative organs,and improve the combination of the procuratorial organs’ right to investigate and collect evidence and support the investigation and collection of evidence by social organizations;The improvement measures for the procuratorate are: optimizing pre-litigation procedures and expanding the scope of leads sources;Measures to improve social organizations are to relax restrictions on social organizations,reduce their financial pressure,and implement the case registration system.In this way,in order to better realize the harmonious and beautiful development of the "five-in-one" and achieve the protection of the public welfare of the environmental resources environment.