Research On The System Of Civil Environmental Public Interest Litigation

In the field of the destruction of environmental protection resources crimes,China has always focused on the protection of state public property,collective property,and other social public interests with the criminal incidental civil suit system.However,the "Criminal Procedure Law"(implemented on January 1,1980)and the "Interpretation of Several Issues Concerning the Application of the Criminal Procedure Law of the Supreme People's Court"(implemented on January 1,2013)The stipulation of the scope and duties of incidental civil suits is too general,resulting in a large number of cases in which civil action lawsuits are not filed,so that national property and collective property with environmental resources as the core are not protected.It is precisely because of this that,in order to better play the function of protecting environmental public interest in criminal incidental civil lawsuits,the "Explanation on Several Issues Concerning the Application of Law in the Prosecution of Public Welfare Litigation Cases," which was implemented on March 2,2018,stipulates "destroying the ecological environment and resources." If the protection of criminal activities damages public interests,the People's Procuratorate may file an incidental civil public interest litigation when it initiates a public prosecution,establishing the criminal civil incidental civil environmental public interest litigation system instituted by the People's Procuratorate.This system has made clear the duties of the People's Procuratorate to bring civil environmental public interest litigation involving criminal incidents in order to protect the public interests of the environment,which can effectively prevent the People's Procuratorate from actively performing its duties.However,due to the establishment of a criminal civil environmental public interest litigation system,its relevant regulations are not yet mature.In particular,when the People's Procuratorate filed a civil environmental public interest litigation involving criminal incidents,it was urgent to solve the problem of how to deal with the environmental damage compensation lawsuit filed by the compensation right holders,environmental civil public interest litigations filed by social organizations,and criminal incidental civil lawsuits filed by the People's Procuratorate.The purpose of this article is to discuss the convergence of criminal civil incidental civil environmental public interest litigation and related litigation,and to improve the interface between criminal incidental civil environmental public interest litigation and related litigation and to give play to the system.Together,it provides timely and effective relief for damage to the ecological environment and damage to the environment.This article consists of five parts.The first part,combined with the judicial practice to clarify the problem,and introduced the domestic and foreign research status,research methods and innovation of this article.In the second part,through the analysis of practical cases,the author argues that the criminal incidental civil environmental public interest litigation system has the function of facilitating the legal supervision function of the People's Procuratorate,relieving the environmental public interest of the ecological environment protection,saving judicial resources,and improving the efficiency of litigation.The third part introduces the current situation before and after the establishment of China's criminal civil incident environmental public interest litigation system.Through analyzing the status quo of the legislation and the status quo of judicial practice,this paper analyzes the problems existing in the civil environmental public interest litigation system with criminal incidents.The fourth part examines the practices of Brazil and France in investigating responsibility for ecological environmental damages in criminal proceedings and protecting public interests in the environment in order to provide lessons for our country.The fifth part proposes perfect suggestions for the problems existing in the civil environmental public interest litigation system with criminal incidents.