Research On Environmental Public Interest Litigation Brought By Procuratorial Organization

With the continuous development of China's economy,environmental pollution is becoming more and more serious,and environmental protection is becoming more and more important.In the various ways of protecting the environment by legal means,environmental public interest litigation is undoubtedly the most eye-catching.With the introduction of the " the reform program of public interest litigation by the procuratorial organs",the environmental public interest litigation brought by the procuratorial organs is a hot issue in the past two years.In fact,before that,the environmental public interest litigation brought by the procuratorial organ as a plaintiff appeared in many parts of our country,and achieved good social effects.However,there is not a complete legal system of environmental public interest litigation in our country,not to mention the legal support of the environmental public interest litigation brought by the procuratorial organs.At present,the environmental public interest litigation brought by the procuratorial organs in our country faces at least these problems:First,the prosecution as the plaintiff filed legal proceedings lack of legal basis;Second,the prosecution filed environmental public interest litigation procedures imperfect;Third,procuratorial organs filed environmental public interest litigation lack of supporting facilities.In order to bring the environmental public interest litigation into standardization and institutionalization,combined with the current practice in our country,it is necessary to improve the relevant laws of environmental public interest litigation by the procuratorial organs from the following aspects:First,define the plaintiffs subject qualification and prosecution rank of the environmental public interest litigation by the procuratorial organs;Second,perfect the judicial status in the procedure of litigation,the procedure before litigation and the distribution of the burden of proof;Third,designing Supporting systems such as the special fund system of environmental public welfare and the public information system of environmental public interest litigation,to better support the environmental public interest litigation by the procuratorial organs.