A Study On The Rules Of Civil Public Interest Litigation In Environmental Criminal Incident

The Interpretation on Certain Questions of the Law Applicable to Procuratorial Cases of Public Interest Litigation was in place by the Supreme People's Court and the Supreme People's Procuratorate in March 2018,which marked the development of civil public interest litigation incidental to criminal proceedings from sporadic pilot projects to comprehensive spread.However,the interpretation's provisions to the civil public interest litigation incidental to environmental criminal have been in a careless way.Even if the criminal procedure law and the civil procedure law are supplemented,there is still a clear lack of procedural rules.By studying 400 judgments of civil public interest litigation cases incidental to environmental criminal,we can effectively grasp the present situation and hidden procedural problems behind the lawsuit.There are three main reasons for these problems.The first one is influenced by the rules of procedure in traditional cross cases deeply,and short of relative independence of the rules of procedure of civil public interest litigation incidental to environmental criminal.The second one is that top-down power operation conflicts with grass-roots practice exploration,which is not conducive to the innovation of procedural rules.The third one is that public power expansion speed is too fast,the system is too difficult to follow up in time.In this regard,the procedure coordination,limited disposition and environmental public welfare priority can be taken as the overall principle to construct and perfect the rules of procedure for civil public interest litigation in environmental criminal incident.First of all,the position of the prosecution service at different stages must be redefined,with a clear role to be played at each stage,and powers and responsibilities should be clear.Secondly,we should make clear the regulation of the level jurisdiction,limit the scope of the case reasonably,standardize the alternative way of the procedure of public announcement before the lawsuit,and guarantee the implementation of the procedure before the lawsuit.Thirdly,it is necessary to establish the principle of "criminal procedure prior to civil procedure principle" as the fundamental principle,"both of civil procedure prior and criminal procedure principle ","civil procedure prior to criminal procedure principle " as the exception trial principle,reasonably arrange the composition of the full court,and redefine the burden of proof and the standard of proof to ensure the smooth conduct of the trial.Fourthly,the enforcement procedure of the sentence needs to be guaranteed after the action.Finally,we should standardize the use of mediation and conciliation procedures,and promote the advance procedures to improve the rules of procedure for civil public interest litigation incidental to environmental crime.