Research On The Jurisdiction Of The Procuratorial Organs In Environmental Public Interest Litigation Across Administrative Divisions

The elements of ecological environment have fluidity and integrity.Some environmental public interest litigation cases,due to their own natural factors or based on local administrative elements,cannot be handled by the procuratorates in accordance with the territorial jurisdiction principle.In practice,we find out the mode of dealing with environmental public interest litigation cases across administrative divisions.In the research on the practice and theories of environmental public interest prosecution across administrative divisions,the problems such as the lack of legal basis,the restriction of procuratorate power and the lack of obvious litigation advantages have been exposed.The author analyzes the reasons for these problems from three aspects of rationality,feasibility and necessity,which are not because the cross-administrative jurisdiction of procuratorate is not suitable for handling environmental public interest litigation cases,but because the system must experience growth in the process of development.In order to solve these problems,to perfect the procuratorate of environmental public interest litigation jurisdiction rules,the author thinks that would catch the key in the resolution of the problem,namely the distribution of the environmental public interest litigation jurisdiction must help the governance of the ecological environment,the correct understanding to the procuratorate across administrative districts under the jurisdiction of environmental public interest litigation cases and in accordance with the administrative jurisdiction,is a special and general relationship between the procuratorate to handle environmental public interest litigation cases to carry out the concept of multiple consultation.After grasping the above key points,this paper puts forward some countermeasures to solve the jurisdictional problems of environmental public interest litigation procuratorate across administrative divisions.On the construction of public interest litigation mechanism,it is important to establish the function of procuratorate and the function of bringing public interest litigation.The integration mechanism of procuratorial work should be established to solve the problems of connection caused by cross-regional handling of environmental public interest litigation.With the help of social forces,we should make up for the endogenous defects of the procuratorate in handling environmental public interest litigation,and jointly safeguard the protection of the ecological environment.