Analysis On The Environmental Public Interest Litigation Of Changzhou Procuratorate V.Xu And Others

With the rapid development of China's economy,the problem of ecological environment pollution has become increasingly prominent.In order to strengthen the protection of our ecological environment,in July 2015,China began to grant the status of public interest litigants to procuratorial organs in13 pilot projects.This was the first case by the procuratorial organ as a public interest litigant since the pilot work has been carried out.In this case,the two defendants engaged in waste barrel cleaning business without authorization.The sewage discharged polluted the environment and damaged the public interests of the environment.In order to protect the ecological environment,the Changzhou People's Procuratorate initiated the environmental civil public interest litigation.There were three main controversial points in this case,first,if it was suitable that Changzhou procuratorial organ as public interest litigant.Second,if it had causal relationship between pollution behavior of two defendants and consequences of environmental damage.Third,it was the computational problem of ecological environment restoration.The paper drew the following conclusions by analyzing concretely the case and teasing relevant laws and regulations,first,according to the provisions of the new law,the Changzhou Environmental Public Welfare Association was established less than five years atthat time,so it did not qualify as a plaintiff in public interest litigation.According to the provisions of the pilot scheme at that time,the procuratorial organs in this case may initiate public interest litigation in this case.Second,through the research on the theory of causation in environmental tort and related legislation,this article agreed with the opinion of procuratorial organs on causation.Third,according to the relevant recommendation method of the Ministry of Environmental Protection,the case met the applicable conditions of method of the virtual governance cost,so the method can be used to calculate the cost of ecological environment restoration,but the calculation of the cost of ecological environment restoration by the court in this case was slightly flawed.In addition,there is no unified conclusion on the role of procuratorial organs in environmental civil public interest litigation.Nevertheless,in judicial practice,procuratorial organs should also grasp their role and perform their duties well.There are still some problems in the pre-litigation procedure of environmental civil public interest litigation initiated by procuratorial organs.We should find out the problems and break through them.