The Research On The Role Conflicts And The Coordinating Mechanism Of The Procuratorial Authority In The Environmental Administrative Public Interest Litigation

With the development of socialist construction in China, the deterioration of environmental conditions has been the important element to hinder the further development of China's economy and society. In order to protect environmental public interest, the Communist Party and the government of China vigorously promote the development of environmental protection work by formulating policies, amending laws, etc. The construction of environmental public interest litigation system is to promote environmental protection from the rule of law. At present, China has been constantly exploring and improving the environmental public interest litigation system. Due to the absence of the main body, imperfect system and other reasons, the practice effect of environmental protection is not good. Therefore, China has carried out the experimental system that the procuratorial authority institutes environmental public interest litigation as the "public interest litigant party", including the environmental civil public interest litigation system and the environmental administrative public interest litigation system. In the pilot phase, the procuratorial authority has the right to initiate and participate in the environmental public interest litigation as the litigant. Meanwhile, it also has the power to supervise the litigations as legal supervision organs. Then it appears that the procuratorial authority plays “two roles” in one lawsuit. This paper intends to start with the environmental administrative public interest litigation and studies the role conflicts of the procuratorial authority in the environmental administrative public interest litigation on the basis of defining itself and recognizing it's particularity, and try to clarify the manifestation of the role conflicts and put forward several suggestions on constructing the coordinating mechanism of the role conflicts of procuratorial authority, drawing lessons from the role playing of foreign procuratorial authorities in the environmental public interest litigation. This paper suggests that the Chinese government should reconfigure the functions and powers of the procuratorial authority and cancel the power of proposing procuratorial suggestions directly and putting forward protests enjoyed by the procuratorial authority as the litigant party, to make it be a pure litigation party in the proceedings and follow the procedural remedy mechanism of general administrative litigation to relief environmental public interest. Meanwhile, the higher authority of the procuratorial authority as the litigant party shall exercise the legal supervision power of the environmental administrative public interest litigation and supervise the court's trial behaviors from the external control mechanism to ensure the real realization of the protection of the environmental public interest.