Research On Environmental Administrative Public Interest Litigation Brought By Procuratorate

In recent years,with the continuous development of China’s economy,the comprehensive national strength is also rapidly improving.However,many environmental problems have arisen along with it,and the phenomena of environmental pollution and ecological destruction have become more and more prominent.Faced with the current situation of environmental pollution and ecological damage,so far,the state has issued a number of legal documents,its purpose is to encourage procuratorial organs as the main body of environmental administrative public interest litigation.The procuratorial organ is a "natural" state administrative organ.Compared with other litigants,it has a very significant advantage to bring environmental administrative public interest litigation by the procuratorial organ.Firstly,this paper reviews the concept and theoretical basis of environmental administrative public interest litigation initiated by procuratorial organs,explores the theoretical significance and practical needs of giving procuratorial organs the opportunity to initiate environmental administrative public interest litigation,and then concludes that the litigation is in line with the legal basis contained in the Constitution of China.Then by comparing the documents issued by the state with the relevant systems of environmental civil public interest litigation in laws and regulations such as Civil Procedure Law and Interpretation of Civil Procedure Law,the main problems faced by procuratorial organs after initiating environmental administrative public interest litigation are analyzed,such as how to ensure the effective jurisdiction of procuratorial organs over environmental protection administrative organs under the background of provincial administration.The issue of right and the allocation of burden of proof of both parties in litigation,etc.Finally,this paper analyses the problems that procuratorial organs may face in filing lawsuits and tries to give solutions.