Study On The Legal Issues Of Environmental Public Interest Litigation Procuratorate

Environmental public interest litigation has increasingly become an important way to supervise and solve environmental pollution prevention and control problems in the context of severe environmental pollution problems and frequent environmental infringement incidents.In the new era of comprehensively governing the country by law,the procuratorial organs,as the legal supervision organ of the state,are endowed with the subject qualification of environmental public interest litigation,which is not only the new progress made in the deepening reform of China's judicial system,but also the objective need of maintaining social public interests and creating a harmonious and stable social environment.Prosecution of environmental public interest litigation is not only practical innovation,but also the inevitable requirement of the development of the times.This paper focuses on the prosecution of environmental public interest litigation,following the logic of finding,analyzing and solving problems,and makes a more in-depth and systematic study on how to give full play to the supervision and litigation functions of the prosecution in environmental public interest litigation in practice.In view of the particularity of environmental public interest litigation,it has a solid theoretical basis for the prosecution to initiate environmental public interest litigation.At the same time,the orderly operation of this new judicial system is also inseparable from the support of relevant policies and laws.The development process of "policy first,pilot exploration,legislative establishment" is the prominent feature of environmental public interest litigation initiated by the procurator organs in China.In line with the continuous advancement of the reform of the judicial system,the procuratorial organs have made fruitful practical explorations in the field of environmental public interest litigation,which has developed into a sharp sword to exert the supervision and litigation functions of the procuratorial organs and to safeguard the social and public environment.However,we must be clearly aware that procuratorial organs are also confronted with many problems in the process of filing environmental public interest litigation,such as the fault of the connection of criminal,civil and administrative laws,the jurisdiction of environmental public interest litigation cases,the standardized exercise of the investigative power of procuratorial organs and the ambiguity of the rules on the disposal power of procuratorial organs.Aiming at these problems,based on the judicial practice,through perfecting,modify the law,to solve the problem of cross functional law cohesion provides the basis of the specification,perfect relevant jurisdiction law,improve the working mechanism of perfecting the environmental public interest litigation,and to establish and standardize the enforcement power of procuratorial organs in accordance with the law and no clear disciplinary right boundaries of the procuratorial organs,etc.,in order to China's procuratorial organs filed a decision-making reference for the healthy development of the environmental public interest litigation system.