The Research Of The Procuratorial Organs Filed A Environmental Administrative Public Interest Litigation System

In the report to the 19 th National Congress,President Xi Jinping stressed that we must improve the process of the ecological civilization construction system and the development concept of building a beautiful China.Clearly,the problems of environmental pollution and ecological construction have received increasing attention from the Chinese Party and the government.It is also the urgent demand of the whole society and the people of all nationalities to establish the corresponding perfect legal system.In recent years,there have been more and more cases of environmental pollution,illegal sand mining and damage to natural ecosystems in the drainage basin of the Yellow River and the Changjiang River.And most people think that the increasing extent of environmental pollution is closely related to the failure of executive branch monitoring and law enforcement,and the various adverse effects caused by the destruction of the ecological environment and the economic losses to the country are incalculable.The supervises the administrative organization to perform the function of environmental protection according to law.Therefore,the Environmental Administrative Public Interest Litigation is an indispensable means for the supervision of procuratorial organ.However,there are some defects in the legislation of the system,which directly affect the efficiency of the procuratorial organ in supervising the administrative organization to perform the function of environmental protection according to law,and it is not conducive to the control of environmental pollution and the protection of ecological environment.Therefore,in the new period of the development of environmental rule of law,it is urgent to perfect the system’s legislative regulation.In addition to the introduction,this paper is divided into four parts:The first part mainly illuminate the Environmental Administrative Public Interest Litigation System.On the basis of Administrative Public Interest Litigation,this part mainly discusses the definition of Environmental Public Interest Litigation and its three main features: the public interest of the main purpose,the particularity of the main body and the strict prevention of environmental damage.Finally,the main characteristics and significance of the system are emphatically discussed.In the second part,I make a comprehensive analysis of the current legislative situation and existing problems of the system of Environmental Administrative PublicInterest Litigation initiated by procuratorial organs.Firstly,the author first summarizes the legislation and implementation of the system,and then collects relevant data on Supreme People’s Procuratorate,Supreme People’s Court and Procuratorial Daily.Secondly,according to the legislation and practice of this system,we find some problems of this system.The main problems are the unclear acceptance criteria,the unclear burden of proof,the imperfect link mechanism of litigation,the imperfect judicial appraisal of environmental damage,the lack of protection of the investigation power of the pre-litigation procedure procuratorial organ,and the incomplete implementation of the post-litigation implementation.The third part mainly analyzes the related legislative practice outside the region.First of all,the Environmental Public Interest Litigation System in the United States,India,Germany,Japan and other countries is expounded and analyzed.And then on this basis,I explored the advantages of environmental public interest litigation in these countries.Finally,the paper puts forward some suggestions for reference,on the basis of the development of the system in our country.The fourth part is mainly proposing the corresponding legislation consummation proposal in view of the system design flaw at present.In the last part,considering the imperfection of system design,I put forward the corresponding suggestions for each question that I have mentioned.For example: to make clear the acceptance standard of the case of Environmental Administrative Public Interest Litigation;to improve the proof mechanism of the procuratorial organs;to improve the Link Mechanism of the litigation;to improve the judicial appraisal of environmental damage;to protect the investigative power of the procuratorial organs in the pre-litigation procedure;Strengthen the supervision of post-suit execution procedure.