Research On The Legal System Of Environmental Public Interest Litigation In Procuratorial Organs

As an important part of social and public interests,the eco-environment is essential to national development and people's livelihood.With the development of social economy,the phenomenon that the environmental public interests mix with the environmental private interests is more and more obvious in the field of environment.In fact,to protect the public interest in the environment is to protect personal environmental rights.The maintenance of good ecological environment requires the participation of social pluralism.However,the litigation capacity of social organizations and the public is insufficient confronted with the complexity of environmental issues.At the same time,as the administrative power expands continuously in the public,the violations of the public interest caused by it increases correspondingly.Environmental public interests are also faced with the possibility of infringement from the administrative organs.Social organizations and the public,compared to the special status of the executive position,are difficult for them to assault through administrative litigation to protect the public interest in the environment.Therefore,to explore the participation in public interest litigation of the inspection authority becomes the inevitable trend and choice to maintain the public interest in environment As a national legal supervisory organ,the litigation of the environmental administrative public interest fielded by the inspection authority is not only the specific manifestation of its duty of legal supervision,but also the remedy for the lack of the capacity of other social subjects.The system for the inspection authority to field the environmental public interest litigation is advantageous at that time with the innovation of litigation theory,the promotion of judicial practice and the support of legislative policy.The two-year pilot practice of public service litigation fielded by the inspection authority exposed a number of legal loopholes,such as the unclearness of the status of "public interest litigants",the single source of clues,ect.The explosion of problems at the beginning of the establishment of the system has brought doubt,but in the long run,it is the proof to show the tenacious vitality of the system.It is needed to summarize the loopholes,to improve relevant legislation,to expand the source of clues and to optimize the proceedings before the prosecution in respect of the judicial rules and pilot experience,thus to enhance the system and ensure the efficiency of the environmental protection.