Study On The Function Of The People’s Procuratorate In Instituting The Environmental Public Interest Litigation And Its Legislation

In recent years, the environmental public interest litigation andlegislation has also become society hotspots. Due to the lack of law, theplaintiff qualification of the people’s procuratorate for filing theenvironmental public interest litigation become an inevitable legalproblem.On the one hand, limitations of citizens, environmental groupsand administrative organs prompt the people’s procuratorate to file theenvironmental public interest litigation. On the other hand, filing theenvironmental public interest litigation is the meanings of functions ofthe people’s procuratorate. In recent years, the people’s procuratorateof judicial practice by its own name mentioned exploration of theenvironmental public interest litigation judicial practice, urgentlyneed to get the support from the academic circle."Move judicial" concept,provides a theoretical support. Procuratorial organs shall uphold "movejudicial" concept, as on behalf of the state of the environmental publicinterest litigation filed for maintaining fitness subject, Craig publicenvironmental welfare in the burden of public power, ensuring human rightsand procedural justice social needs. Instituting the environmental publicinterest litigation by the people’s procuratorate has the form legitimacyand essence justification. In China, the people’s procuratorate shallspecify the judiciary has filed the role of the environmental publicinterest litigation, and urged the legislation for the people’sprocuratorate initiate environmental public interest litigation providethe legislation support.