Research On Procuratorial Organs' Environmental Administrative Publicinterest Litigation

Under the current situation of ecological environment deterioration,the phenomenon of "Tragedy of the commons" has increasingly threatened the living environment of human beings and has become a worldwide problem of environmental governance.In this regard,countries are studying and exploring the rule of law to solve this problem,and public interest litigation has become a choice.At present,China regards pollution prevention and control as a major strategic decision of the new era,having proposed and been "exploring the establishment of a system for procuratorial organs to initiate public interest litigation".The national legislature has revised the Civil Procedural Law and the Administrative Procedural Law in a timely manner.The Supreme People's Procuratorate has established a specialized agency,the Procurators' Office of Public Interest Litigation,aiming to promote the theoretical research and judicial practice of the system for procuratorial organs' public interest litigation.In the field of ecological environment and resource protection,the procuratorial organs have vigorously carried out the exploration of administrative public interest litigation.After more than three years of practice,the environmental administrative public interest litigation has achieved remarkable results.The environmental administrative public interest litigation is a pioneering judicial system originated in China.It is proved through practice to have solved the worldwide problem of public land governance,effectively protected the damaged ecological environment and embodied the important assertion of “Prosecutors are representatives of the public interest”.Currently,some problems have been found in the judicial practice of procuratorial organs' environmental administrative public interest litigation,for example,situations do exist where pre-litigation procuratorial recommendations,filing and jurisdiction,distribution of burden of proof,etc.are incompatible with the legal and actual needs;the legal level for the judicial interpretation of public interest litigation is relatively low;China still lacks a special law or special rules for public interest litigation procedures.These have become the bottlenecks of ecologicalenvironmental protection and have restricted the development of the system for procuratorial organs' environmental administrative public interest litigation.The paper proposed solutions and suggestions for the problems in the procuratorial organs' environmental administrative public interest litigation.At the same time,the paper also studied and proposed innovative ways to solve the problems.At present,it is urgent to formulate a special law on environmental public interest litigation,which regulates the case-filing,jurisdiction,evidence,trials,execution,compensation and restoration of the ecological environment,to promote the modernization of national governance capabilities under the thinking and method of the rule of law,advance the construction of the beautiful China and the construction of the rule of law in China,and satisfy the people's yearning for a beautiful ecological environment.