Research On Pre-litigation Procedural Norms For Criminal Incidental Environmental Civil Public Interest Litigation

Criminal incidental environmental civil public interest litigation is a special kind of environmental public interest litigation,as an emerging litigation system,its research has strong theoretical and practical significance,not only conducive to the protection of environmental public welfare,but also an important starting point for effectively improving litigation efficiency,is a key measure to reduce the conflict between criminal and civil adjudication in the court.However,the development of China’s current criminal incidental environmental civil public interest litigation system is relatively lagging behind.Through empirical research,it can be found that in practice,many judicial practitioners still have some confusion about the correct and efficient application of civil public interest litigation procedures in the criminal incidental environment: whether the rules of civil public interest litigation should be actively adjusted,with practice as the focus on criminal prosecution,or so that practice follows the established rules,deepening the application of criminal procedures under the construction of the system of attached civil litigation,has great legal and practical significance for the in-depth exploration of prominent problems in these two aspects.Through literature research and case analysis,this paper focuses on the classification of 200 relevant cases involving the subject of prosecution,case types,pre-litigation announcement procedures and pre-litigation mediation,and comprehensively and deeply analyzes and summarizes the criminal incidental environmental civil public interest litigation cases involved in the indictment and judgment of the concluded case.Through analysis and induction,it is found that in China’s current criminal incidental environmental civil public interest litigation system,there are mainly four problems,such as the qualification of the subject of the lawsuit,the improper expansion of the scope of the case,the irregular implementation of the pre-litigation announcement procedure,and the many obstacles to the promotion of the mediation and settlement procedure.And through the combination with China’s current legal provisions and the operational practice of judicial practice,targeted and in-depth exploration of the reasons behind the formation,and then put forward the improvement of the new litigation rules of the criminal incidental environmental civil public interest litigation pre-litigation procedure,this paper through the comparative study of the issues one by one,it is proposed to further clarify the positioning of the subject of prosecution,reasonably limit the scope of application of the case,optimize the pre-litigation announcement procedure,and refine the operability of the pre-litigation mediation and settlement procedure.Through the expansion and improvement of the function of pre-litigation procedures,the best judicial effect of timely maintenance of ecological public welfare is achieved.