Research On The Practice Of Environmental Public Interest Litigation In Guangxi Procuratorial Organs

Good ecological environment resources are the basis of economic and social development.Since the 19 th national congress,Guangxi ecological environment resources have been improved well,but there are still difficult to control and slow governance.The administrative mode has limitations in the protection of ecological environment resources,and needs judicial promotion;other litigation subjects have some shortcomings in bringing public interest litigation,which needs to be undertaken by the procuratorial organs.Guangxi is located in Southwest China,and is on the Yunnan Guizhou Plateau in the northeast and North Bay to the south.It is mainly in the hilly area,and it is located in the subtropical monsoon climate radiation area.The mountain forest is widely distributed,the natural resources are rich,the ecological environment is beautiful and pleasant,and the water source,air and other indicators are in the forefront of the whole area.Because of the particularity of geographical location,Guangxi has become the gateway to ASEAN in China,and is a strategic point for the opening and development of south south southwest China,which is of great significance to the construction of Maritime Silk Road and Silk Road economy in the 21 st century.Good ecological environment resources are the support of Guangxi’s economic and social development and the "backyard" of the whole nation.When General Secretary Xi Jinping visited Guangxi in 2017,he praised the "ecological advantages of Guangxi." In recent years,Guangxi environmental public interest litigation has made great progress,the number and quality of cases have been improved.However,with the deepening of judicial reform and the continuous development of public interest litigation,environmental public interest litigation has exposed some problems and shortcomings.This paper investigates and studies environmental public interest litigation of Guangxi procuratorial organs.Through investigating the current situation of environmental public interest litigation in Guangxi,analyzing relevant data and studying its characteristics,this paper analyzes many constraints facing the current ecological environment resources.In the case scope,clue collection,investigation and evidence collection,pre litigation procedure,case evaluation,appraisal system,case handling concept,human property allocation Lack of search in other aspects.Finally,according to the relevant problems and the experience of the leading areas in China,the author puts forward some suggestions for improvement.The first part is a basic overview,mainly introduces the concept,value and characteristics of environmental public interest litigation,and expounds the basic situation of environmental public interest litigation.The second part is one of the main parts of the article,which introduces the present situation of environmental public interest litigation in Guangxi in detail.Since 2018,the number of environmental public interest litigation filed by other litigation subjects has been declining in Guangxi,the number of cases has decreased from 12 in 2018 to 2 in 2020.The number of cases has decreased from 2.2% of the number of litigation cases filed by the prosecution authorities in the same period to 0.15%.The procuratorial organ has become the most important force of environmental public interest litigation in western Guangdong.The investigation shows that the number and quality of environmental public interest litigation cases in Guangxi procuratorial organs have been improved year by year,which is the most important and mature part of public interest litigation.This paper analyzes the characteristics and functions of environmental public interest litigation of Guangxi procuratorial organs in detail,and tries to show the current situation of environmental public interest litigation of Guangxi procuratorial organs.The third part mainly analyzes the problems,and the current public interest litigation of Guangxi procuratorial resources is in many aspects.In the aspect of system design,it is manifested in the imperfect investigation and evidence collection system,which affects the quality and effect of the case.In terms of the concept of handling cases,the application of pre litigation procedures is rigid,the right to sue is too cautious,the application of litigation results is narrow,the illegal cost of administrative organs or ecological environment damages is low;the evaluation indexes of handling cases are too dependent on the number of cases,which is difficult to meet the needs of ecological environment and resource protection,and the environmental public interest litigation "signboard" of procuratorial organs is not well established;no clear and clear and effective measures are made The division of duties of the political organs,there are judicial power before or off the post,judicial means administrative,too emphasis on the "win-win" idea,actively abandon the supervision of the administrative organs,resulting in poor supervision.In judicial practice,it is shown that the appraisal system is not perfect,the appraisal institution is small,the appraisal cost is high,the appraisal time is long,the appraisal conclusion evaluation difference is big,which affects the effective development of the case.In terms of supporting human property,it is shown that the allocation of human property is unreasonable,which affects the implementation of public interest litigation of ecological environment resources.The fourth part introduces the environmental public interest litigation in Guangdong,Inner Mongolia,Hubei and other leading areas and the enlightenment to Guangxi.The fifth part is the main part of the whole paper.This part puts forward suggestions to improve environmental public interest litigation of Guangxi procuratorial organs from the point of view of the problems : first,improve the supporting mechanism of investigation and appraisal,guarantee the procuratorial organs’ investigative power,strive for the support of the Party committee and the people’s Congress of the autonomous region,and introduce the coercive power of Guangxi procuratorial organs in investigating and obtaining evidence in environmental public interest litigation cases.The system should clarify the obligation of administrative organs to cooperate with the procuratorial organs in investigation and evidence collection;unify the recognition of litigation identification between investigation,prosecution and trial,adopt different appraisal modes for different environmental resources problems,issue management measures for compensation for appraisal and restoration of ecological environment resources,and provide opinions on the degree and mode of participation of experts in the case,and provide evidence of opinions,cross regional identification,etc Detailed rules for specific implementation issues.Second,to clarify the standard of transferring pre litigation procedure to litigation procedure,to reduce the application intensity of pre litigation procedure in some cases,to set some conditions for compulsory leave of pre litigation procedure,to avoid the long-term shelving of procuratorial proposals;to reasonably use the "Prosecution" procedure,take "Prosecution" as the basic link of environmental public interest litigation,handle the case according to the standard of "Prosecution",and embed environmental public interest litigation into ecological environment The whole process of environmental resources protection will solve the problems that are difficult to solve by administrative means and judicial means.Third,we should update the judicial model of public interest litigation,constantly update the concept of handling cases in judicial practice,adjust the evaluation direction of cases,use special measures to solve the outstanding problems of ecological environment and resource protection;reasonably allocate people and property,build a professional team with high quality and ability to work for entrepreneurship,establish special funds for handling public interest litigation,increase basic level and basic investment,and explore suitable ones in the region Working mechanism,improve overall supervision ability.Fourth,urge the administrative departments to perform their duties in accordance with law,fully mobilize the enthusiasm of the administrative departments to perform their duties,establish a communication and cooperation mechanism between the administrative departments at the upper and lower levels and the judicial organs in the whole region,clarify the responsibilities between the environmental administrative departments,investigate the illegal performance of the administrative departments by law;establish a large pattern of public interest litigation protection of ecological environment resources and fill in We should vigorously publicize environmental public interest litigation through the use of tiktok,We Chat and other ways to create a good atmosphere in the whole society,expand the influence of public prosecution litigation of procuratorial organs,strengthen reporting to the local Party committees,strive for the strong support of the party committees and the NPC,and build a regional Alliance for major league work.When the time is ripe,we should promote the establishment of a special law for public interest litigation.State environment and resources public interest litigation legal network.