Research On The System Of Natural Resources Public Interest Litigation Initiated By Natural Resources Management Department

In recent years,as the economy develops,the environment shows a severe situation of tightening resource constraints,serious environmental pollution,and degradation of the ecological environment.The country attaches great importance to the protection of the ecological environment.Natural resources,as an important part of the environment,have not been fully obtained.protection of.On the one hand,the related concepts of natural resources are still vague;on the other hand,there is a lack of institutions.The first part of this article starts with typical cases,reveals the status quo of ignoring the protection of natural resources in judicial practice in recent years,and clarifies the positioning and characteristics of natural resources through the comparison and analysis of concepts such as natural resources and environment,that is,they are non-exclusive and useful.The damage to natural resources should be remedied through the environmental public interest litigation system,and then through combing the historical evolution of the legal provisions of environmental civil public interest litigation,it is found that it is insufficient in the protection of natural resources.The second part analyzes the status quo of legal remedies for natural resource damage in my country,including the theoretical basis,legal regulations,and practical disadvantages of various entities that have the qualifications of plaintiffs to initiate public interest litigation,that is,the uneven distribution of social organizations,and the collection of evidence by Prosecutors.Problems such as lack of professionalism,difficulty in obtaining clues to the case,and problems such as the inability of the administrative organs to use fines in law enforcement to fill the losses,and then draw the importance and necessity of natural resource management departments to initiate natural resource public interest litigation.The third part analyzes the feasibility of natural resource management departments to initiate public interest litigation of natural resources.When natural resources are destroyed,the state has the right to file public interest litigation as the owner.However,the state is a political concept and it is difficult to initiate litigation.The reform of the majority system was carried out and the Ministry of Natural Resources was established to exercise the ownership of natural resources in a unified manner.The natural resource management department represented by the Ministry of Natural Resources exercised the right of compensation for natural resource damages with legitimacy and operability.There have been a few cases of natural resource management departments initiating natural resource public interest litigation,which effectively protects natural resources,which provides practical experience for the establishment of natural resource management departments to initiate natural resource public interest litigation.The fourth part tries to establish the system.Firstly,the scope of natural resource management departments is clarified.The natural resource protection by the Central Ministry of Natural Resources is beyond reach.Therefore,it is necessary to clarify the powers of governments at all levels and local natural resource management departments.Second,complete the provisions on civil liability for damages to natural resources in various separate laws.Furthermore,establish a prelitigation consultation system for natural resource public interest litigation,and refer to the provisions on the scope of compensation for marine natural resources to clarify the scope of compensation for natural resource public interest litigation.Finally,determine the order of prosecution of various subjects in natural resource public interest litigation.In this way,effective protection of natural resources is realized.