Study On Environmental Public Interest Litigation Procedures Of Procuratorial Organs

The system of environmental public interest litigation initiated by procuratorial organs has achieved remarkable results since its pilot.Not only the number of environmental public interest litigation cases has been growing rapidly,but also in the practice of grassroots procuratorial organs,the civil public interest litigation procedures attached to criminal cases have been explored,which has enriched the practice of public interest litigation and improved the construction of environmental public interest litigation system of procuratorial organs.The public interest litigation procedure of the procuratorial organ was originally designed to solve the practical dilemma of the weak civil environmental protection force and the urgent need for environmental protection.But as the system of operation and practice,also exposed some problems: the current law is too principle,the legal status of procuratorial organs to participate in the environmental public interest litigation,the procedure for trial supervision way filed application rules and other major remaining controversy,ecological compensation and environmental public interest litigation cohesion is undeserved,ecological damage repair the absence of capital regulation,social organization fewer environmental public interest litigation and other issues.Procuratorial organs should play the function of supporting prosecution,provide support and guidance for social organizations to file environmental public interest lawsuits,and at the same time,make clear their own status in environmental public interest lawsuits based on the status of legal supervisors.As a new system,the prosecution of environmental public interest litigation procedures still need to be further improved and developed.Based on the relevant judicial interpretations and important normative documents issued since the pilot project,after analyzing the status and functions of the procuratorial organs in environmental public interest litigation,and drawing lessons from the regulations of foreign procuratorial organs participating in environmental public interest litigation,this paper tries to build a public power relief system that gives priority to the litigation of ecological environment damage compensation and supplements the environmental public interest litigation procedure of the procuratorial organs.The incidental civil public interest litigation procedure stipulates that the conditions for initiating the incidental civil environmental public interest litigation should be refined,and that the pre-litigation procedure should be applied in the incidental civil environmental public interest litigation;that the procuratorial organs should support prosecution and procuratorial supervision should be distinguished,that the procuratorial organs should initiate retrial through protest,and that the retrial after the judgment comes into effect should be restricted.We should strengthen the function of supporting prosecution by "lending the name" mode,improve the existing provisions of supporting prosecution procedure,and try to explore the mode of procuratorial organs jointly participating in environmental public interest litigation with social organizations and citizens.