On The Way To Improve The System Of Environmental Civil Public Interest Litigation Initiated By The Procuratorial Organ

The new Civil Procedure Law has increased the content of environmental civil public interest litigation initiated by procuratorial organs.How to use this system to deal with environmental infringement and protect environmental public interest has become a new task and challenge for procuratorial organs.Before and after the amendment of the Civil Procedure Law,many procuratorial organs have initiated environmental civil public interest litigation,which provides a lot of material for the theoretical circles to study the system and rich practical experience for the improvement of the system.In July 2015,the Standing Committee of the National People’s Congress authorized the High Procuratorate to carry out public interest litigation pilot projects in some areas such as ecological environment.The new Civil Procedure Law also legislates to grant the procuratorial organs the plaintiff qualification to initiate public interest litigation.In fact,whether from the nature of procuratorial power,or from the performance of the procuratorate,procuratorial organs have the legitimacy to initiate environmental civil public interest litigation,and conform to the principle of distribution of litigation rights.It is a new system for procuratorial organs to initiate environmental civil public interest litigation.There are many imperfect aspects,such as the scope of cases is not clear enough,the level of jurisdiction is not enough to meet the needs of practice,the role of pre-litigation procedure can still be improved,the content of investigation and verification power is not rich enough,and the types of litigation requests are not perfect enough.The effective operation of the procuratorial organ’s system of instituting environmental civil public interest litigation requires the assistance and support of relevant supporting systems and auxiliary measures.To this end,it is necessary to improve the connection between environmental civil private interest litigation,environmental administrative law enforcement and environmental administrative public interest litigation.