An Analysis Of The Reform Of Environmental Public Interest Litigation Pilot In Procuratorial Organs

After the Fourth Plenary Session of the 18 th CPC Central Committee,the pilot area will carry out a two-year pilot project on environmental public interest litigation and explore the establishment of the system of "procuratorial organ to bring up the environmental public interest litigation",which aims to exert the supervisory function of procuratorial organs and urge the environmental administrative organs performming duties,from the source of environmental pollution problems.The Supreme People's Procuratorate have introduced the "reform pilot program of Procuratorial Office to bring the public interest litigation " and “the active project of pilot work of public interest litigation”.People's Procuratorate commend on the prosecution of public interest litigation cases and litigation order,filing jurisdiction,pre-trial procedures,Rules for a detailed provision to provide a certain basis for the practice.From the pilot reform condition of the public interest litigation by the procuratorial organs,we can know the pilot reform of public interest litigation of the procuratorial organs have increase prosecutorial organ's active of bringing up litigation,commends jurisdiction clearly,refine the rule of proof and pre-trial procedures.It gives the public interest prosecution litigation right of the procuratorial organ,helps to improve the prosecution litigation initiative,clarifies the conditions and litigation order of the procuratorial organ to sue the local jurisdiction,The rules of proof and the introduction of the "expert support" to make up for the lack of experience in the handling of prosecutors,lack of professional and other issues.The reform exist some problems,such as the lack of enthusiasm of the local procuratorial organs in the pilot reform of the procuratorial organs,the lack of professionalism of the investigators,the high cost of litigation,In the future,improving The handling of manpower,complete the specific rules of pre-litigation procedures,Clearing the specific content of the prosecution proposal in the pre-action procedure,the object of the notice before the notice,the clear alternative repair method.Improving expert support system,Identify the status of evidence of expert opinion,the source of expert support,the procedure of expert support and establishing centralized rules of jurisdiction improve the handling capacity of prosecutors are necessary for us to complete the litigation system.