Research On Environmental Public Interest Litigation Filed By The Procuratorial Organs

Nowadays,with the rapid development of China's economy and society,the bottleneck endangering development is that the ecological environment is increasingly worsening and unbalanced,which seriously threatens the health of the residents,and major diseases in the country generally exist because of the decline of the environment quality.Although our country attaches great importance to the environmental pollution control,and has achieved a significant result,what cannot be ignored is that the majority of residents do not achieve a high degree of consistency on the environmental governance,but hold different attitudes,especially in the face of great interest,some residents hold a contemptuous disregard of environmental governance and some still go their own way.Environmental pollution which seriously affects the public interest becomes to attract widespread attention from the public and the legal profession and it has become more and more urgent to sue the related responsible subjects which causes serious environmental pollution and damages public interest so as to effectively safeguard the interests of the victims of environmental pollution.Therefore,in order to effectively curb such bad phenomenon and maintain living environment,it is necessary to endow the procuratorial organ with the litigation right of environmental public interest.In this regard,in July 2015,the NPC Standing Committee also authorized the Supreme People's Procuratorate to carry out a pilot program of public interest litigation,opening a new chapter in the environmental public interest litigation.In view of this,this thesis takes the prosecution filed environmental public interest litigation filed by the procuratorial organ as the research object.This thesis is divided into five parts.Part One mainly elaborates on public interest litigation and the qualifications for the plaintiff of public interest litigation.Through the discussions on the public interest litigation,the status quo of the legislation on the qualifications for the plaintiff of public interest litigation and the judicial situation thereon,this part concludes that there exist the real cases in the current judicial practice in which the citizens,environmental organizations,environmental administrative institutions and the procuratorial organs file the environmental public interest litigation,especially after the promulgation of the new environmental protection law and the judicial interpretations on the environmental public interest litigation by the Supreme People's Procuratorate,the procuratorial organs can directly file the litigation as the plaintiff of theenvironmental public interest litigation and there is also the joint cooperation between environmental protection organizations as the plaintiff thereof and the procuratorial organs and governmental environmental protection departments as the supportive subject.Part Two mainly discusses the real dilemma encountered by the procuratorial organs when filing the environmental public interest litigation.Through the analysis on the dispute over the plaintiff qualification of the procuratorial organs and disposition authority and role conflict of the procuratorial organs,this part concludes that the withdrawal of the environmental public interest litigation by the procuratorial organs may have the possibility of power abuse and power rent and there is conflict in the role of law supervision and public interest representatives if the procuratorial organs.Part Three mainly elaborates the theoretical confirmation for the environmental public interest litigation filed by the procuratorial organs.Through the analysis on the power basis and theoretical basis of the environmental public interest litigation filed by the procuratorial organs,this part concludes that the procuratorial organs are able to play the role of bearing the representative of public interest and confirms the endowment of the procuratorial organs with the plaintiff qualifications for the environmental public interest litigation through environmental right theory,interest expansion theory of litigation,public trust theory and private prosecutor theory.Part Four mainly discusses the scientific confirmation for the environmental public interest litigation filed by the procuratorial organs.Through the analysis on the legislation basis,foreign enlightenment,real necessity and objective advantage of the environmental public interest litigation filed by the procuratorial organs,this part concludes that the procuratorial organs should be endowed with the right of the environmental public interest litigation.Part Five mainly elaborates the systematic design for the environmental public interest litigation filed by the procuratorial organs.Through the analysis on the litigation design and special process design therefor,this part makes preliminary design for the environmental public interest litigation filed thereby.Part Six mainly discusses the special safeguard system design for the environmental public interest litigation filed by the procuratorial organs.Through the analysis on the system connection and cooperation in the environmental public interest litigation filed by the procuratorial organs and the citizens,the cooperation with a due division of labor between theprocuratorial organs and the administrative organs,and disposition authority of the Public trust theory in filing the environmental public interest litigation,this part comprehensively elaborates that the procuratorial organs should be endowed with the right of the environmental public interest litigation.This thesis makes some judgments on the system design and special safeguard system design for the environmental public interest litigation filed by the procuratorial organs,making this system have implementation basis.However,owing to the limited knowledge reserve of the author,there are certain inevitable defects in the elaborations on the right to the environmental public interest litigation filed by the procuratorial organs.