Research On The Operation Of Investigation And Verification Power By Procuratorial Organs In Environmental Public Interest Litigation

At present,the focus of constructing the system of environmental public interest litigation by procuratorial organs is to optimize the operation of authority,and the standard operation of the power of investigation and verification of procuratorial organs is undoubtedly the meaning of the subject.On the one hand,Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in the Public Interest Litigation Cases Instituted by People's Procuratorates,Article 6 provides legal support for procuratorial organs to exercise the power to investigate and verify in environmental public interest litigation.Moreover,Organic Law of the People's Procuratorates of the People's Republic of China(2018 Revision),for the first time elevates the legitimate basis of the procuratorial organs' power to investigate and verify in environmental public interest litigation to the rank of law.Both of them lay an objective foundation for designing and standardizing the operation of the power to investigate and verify by procuratorial organs in environmental public interest litigation.On the other hand,the current situation that the procuratorial organs' power to investigate and verify in environmental public interest litigation is blocked makes it necessary to design and standardize the operation of the power to investigate and verify by procuratorial organs in environmental public interest litigation.This article takes the applicable data of the power of investigation and verification in Guangzhou procuratorial organs as the sample of the current situation of applying to the power of investigation and verification in the environmental public interest litigation.The following problems are drawn from the analysis through five aspects concerning applicable quantity,starting mode,concrete measures,type of evidence and applicable effect: the procedure for procuratorial organs to exercise the power to investigate and verify is arbitrary;there are conflicts between the exercise of the power of investigation and verification by procuratorial organs and other relevant powers(interests);the criteria for the procuratorial organs to exercise the power to investigate and verify are not unified;the procuratorial organs' power to investigate and verify is limited by the lack of professional ability and lack of cooperation with investigation object.The root of the operation of the power to investigate and verify by procuratorial organs in environmental public interest litigation lies in the blank of the operation procedure;the vague basic principle of operation;the abstract scope of operation and boundary of power;the absent mechanism of power protection and supervision.On the basis of reflection on the causes of the problems,the following suggestions are put forward.The first is to strengthen the legal basis of the operation of investigation and verification power by procuratorial organs in environmental public interest litigation by means of amending the Civil procedure Law,the Administrative Litigation Law,the National Supervisory Law,issuing the Public Interest Litigation Law,and publishing Model Cases regarding Environmental Public Interest Litigation by the Supreme People's Procuratorate.The second is to establish the basic operation principles of the procuratorial organs' power to investigate and verify in the environmental public interest litigation.The general principles are legitimacy,rationality,modesty while the special principle has the public interest,objective and comprehensive.The third is to clarify the scope and boundary of the operation of investigation and verification power by procuratorial organs in environmental public interest litigation,involving refine the object and application of investigation and verification.The forth is to perfect the guarantee mechanism of the operation of investigation and verification power by procuratorial organs in environmental public interest litigation,which not only strengthens the power of the subject,but also guarantees the operation of the power.The fifth is to perfect the supervision mechanism of the operation of investigation and verification power by procuratorial organs in environmental public interest litigation,paying equal attention to internal supervision and external supervision.