| Under the authorization of the Standing Committee of the National People’s Congress,the Supreme People’s Procuratorate promulgated the "pilot scheme of environmental public interest litigation by procuratorial organs" in July 2015.Under the guidance of the plan,a two-year pilot project was carried out in thirteen provinces,municipalities and regions in Beijing,including the whole country.In June 27,2017,at the meeting of the Standing Committee of the twelve National People’s Congress,the decision was adopted to amend the provisions of public interest litigation in the civil procedure law and the administrative procedure law,which provided a certain legal basis and foundation for the procuratorial organs to bring environmental administrative public interest litigation.Practice has proved that the pilot scheme and the newly revised relevant laws do provide many new ideas in the process of environmental administrative public interest litigation.However,with the deepening of the implementation of the law,some new problems are gradually emerging.The actual situation requires us to deeply summarize and reflect on the experience and lessons of judicial practice,constantly improve the environmental administrative public interest litigation system,and give full play to the role of the procuratorial organs in the system.In this article,the author first expounds the concept and characteristics of the environmental administrative public interest litigation system,and introduces the rationality of the procuratorial organ as the plaintiff of the environmental administrative public interest litigation.Secondly,it points out the existence of the environmental administrative public interest litigation process in the present procuratorial organs through the text research and the case analysis method.Finally,it puts forward its own ideas on how to build a perfect and effective environmental administrative public interest litigation system.In accordance with the environmental administrative public interest litigation,what is the superiority of the public prosecutor’s environmental public interest litigation,what are the problems existing in the current system operation and how to improve the logic of the system.Through the study of this problem and the writing of the article,the author thinks that the current priority is to guide and answer the disputes arising from the prosecution of the public prosecutor in the process of environmental administrative public interest litigation through the way of legislation or judicial interpretation.To ensure the supervision of the procuratorial organs and the realization of the litigation functions;secondly,the scope of the case should be extended to the procuratorial organs for environmental administrative public interest litigation.At the same time,it is necessary to make more specific provisions on the pre litigation procedure before the procuratorial organs bring up the environmental administrative public interest litigation.The limit is the representative.In the case of the jurisdiction of the case and the distribution of the burden of proof,scientific planning,mobilizing the enthusiasm of the administrative organs,thinking in one place and making a effort to make the procuratorial organs of our country bring the system of environmental administrative public interest litigation more mature and effective. |
