A Study On The Connection Between Environmental Civil Public Interest Litigation And Environmental Administrative Public Interest Litigation Initiated By Procuratorate

The value of environmental public interest litigation lies in the timely and effective relief to the damaged environmental public interest,whether it is environmental civil public interest litigation or environmental administrative public interest litigation.This is also the procuratorial organ initiated two kinds of environmental public interest litigation can be linked together the key.With the continuous improvement of environmental public interest litigation legislation,its role in protecting environmental social public interest is becoming more and more prominent.However,with the development of practice,in the field of environmental public interest litigation,the intersection of administrative liability and civil liability leads to the damage of environmental social public welfare from time to time.This is undoubtedly a great challenge for the main procuratorial organ which can bring two kinds of environmental public interest litigation at the same time.Although the procuratorial organ plays more and more prominent role in two kinds of environmental public interest litigation,there are still many shortcomings.First of all,the role of procuratorial organs in environmental public interest litigation is vague," public interest litigation prosecutors"should be combined with the procuratorial organs in the two types of environmental public interest litigation specific content to determine,consistent with the purpose of the two types of litigation,in the two types of environmental public interest litigation have their own emphasis.At the same time,the limitation of two kinds of environmental public interest litigation brought by procuratorial organs in the relief of damaged environmental public welfare also shows the necessity of convergence.For this reason,on the basis of clarifying the relationship between environmental administrative power and environmental judicial power,combining the characteristics of two kinds of environmental public interest litigation and the limitation of relief under the single litigation mode,the two kinds of environmental public interest litigation brought by procuratorial organs are procedurally connected.In the leading mode of environmental administrative public interest litigation,the author tries to carry on the incidental examination to the specific administrative act of the administrative organ under the leading mode of environmental civil public interest litigation and puts forward the idea of establishing the third party of environmental civil public interest litigation,so as to realize the more perfect relief to the damaged environmental public interest.