Research On The Right To Prosecute Of Environmental Law Enforcement

With the development of economy,more environment pollution accident appeared.The contradiction between economic development and the protection of environment caused the attention of people,the protection of public environmental welfare get more attention of people.In the aspects of protection of public environmental welfare,we have two ways,it’s Environment Law enforcement agency,and face the fact that the of national outbreak of mass incidents of the environment rising20%a year,the two ways become weak.Analysis the reason,the environment law enforcement agency has some limitations in the scope of law enforcement, start conditions, enforcement of mandatory and so on.Because of the limitations of start conditions,the not sound of public interest litigation system exist in Environmental justice,all of these make the protection of environment becoming more difficult. According to the statistics of Professor Lv Zhongmei,analysis the environmental disputes which collected from the national, the proportion of environmental disputes that enter the administrative procedures and enter the judicial process is255:38:l,this shows the enforcement agency and the justice of environment law have big room to complete.It is the good medicine of environmental protection that the provisions of public interest had entered the civil procedure law, it has provoked academic heated discussion.But this good medicine how to play a better role is a big problem, not only involves the construction of a new system, but also the docking and fusion with the existing system.In the face of the biggest environmental public interest,it is agency to construction of environmental public interest litigation system.In the aspect of environmental public interest litigation plaintiff qualification, scholars discussed a lot.The author thinks that the environmental law enforcement agency should be endowed with right of prosecution,it will combine the environmental law enforcement and judicature.This article will discuss the the right of prosecution of environmental law enforcement in three parts:The first part from the predicament of public environmental welfare safeguard,analysis the limitation of the environmental law enforcement and judicature.Put forward the point that the endowment of the right of prosecution has the support of Environmental right theory and the theory of litigation trust and has the advantage in ability and status compared with other plaintiffs.Thus demonstrating the legitimacy of environmental law enforcement organs shall enjoy the right of prosecution.The second part discusses the feasibility of environment law enforcement organs should enjoy the right of prosecution.In this part, I demonstrate the feasibility from the environmental right theory and litigation trust theory, and analysis some successful experience that national environmental administrative department use the right of action to protect the environment interest,and collates the practice exploration on our country in the legislation and policy,and rich in judicial practice.In this way,I demonstrate the environment department has the right to action is fesibility in reality.The third part is the most important.In this part,I discussed how to bulid the system about the right to action of environmental department.The environment nonprofit litigation has its limitations,especially the right to action of environmental department has its own conditions and restrictions. We should know the status of the right of action of environmental department in the the environmental public interest litigation, the environmental law enforcement and environmental justice effectively cooperate to achieve the purpose of the maintenance of public environmental welfare.This right to action used to relife the victims and repair the environment function; In the aspect of legal status, according to different types of environmental public interest litigation cases environmental law enforcement agencies can be used as support for prosecutors, common the plaintiff or independent of the plaintiff; In terms of exercising prosecution right results, the management of the environment law enforcement is won after damages, after losing the other party’s loss shall be included in the state compensation mechanism, given the environment law enforcement, as a special prosecution main body, the exercise of the right of prosecution should be restricted necessary, also need to set up certain incentives from the system.