Research On The Problems And Countermeasures Of Procuratorial Authorities Participation In Environmental Public Interest Litigation In China

Since the 18 th CPC National Congress,we have carried out a series of fundamental,pioneering and long-term work to promote historic,turning and overall changes in ecological and environmental protection.In order to give "the construction of ecological civilization is the fundamental plan related to the sustainable development of the Chinese nation.The prosperity of ecology means the prosperity of civilization,and the decline of ecology means the decline of civilization." This great goal provides the guarantee of the rule of law,and it is natural that the promotion of environmental public interest litigation has become a hot issue.If we want to explore the environmental public interest litigation,the first thing we face is the subject problem,that is,which will carry out the public interest litigation.The procuratorial organ has considerable advantages in public interest litigation,but the public power attribute of the procuratorial authorities makes some scholars question.How to determine the legal and reasonable subject status of the procuratorial authorities has become an urgent task.In reality,the procuratorial authorities is facing many problems,such as what are the bases for the participation of the procuratorial authorities,how to specialize the procuratorial authorities,how to solve the problem in the case of insufficient legal supply,and how to analyze the interests of all parties to solve the actual environmental problems.The targeted countermeasures research has certain urgency.At present,the research on procuratorial organs’ participation in environmental public interest litigation mostly starts from the source of law or the constitutional status of procuratorial authorities.However,from these angles,it will face a very thorny problem,that is,there are few legal provisions,which are difficult to carry out,and at the same time,and it is relatively lack of persuasion on of the necessity of procuratorial authorities ’ participation.In order to solve the necessity of procuratorial authorities participating in environmental public interest litigation,discussing from the perspective of cost may provide a new perspective to prove the rationality and necessity of the subject status of procuratorial authorities.From the perspective of cost,it is also conducive to explain the rationality of "active intervention" of procuratorial authorities and grasp the "degree of intervention" of procuratorial authorities.To analyze from the perspective of cost is inseparable from analyzing the interests of all parties and analyzing the actual "driving force".At this stage,the procuratorial authorities can carry out a considerable amount of work to solve the problem of environmental damage through its contact and coordination with administrative organs and other judicial organs.In addition,other countries in the world can provide us with some references,such as the "principled" and "natural" thinking of Japanese public interest litigation and the Enlightenment of "accountability" and "government confirmation" of German public interest litigation.The first part of the article puts forward the research problems,explains the background,purpose and significance of the research,and puts forward the research ideas,research priorities and proposed innovations of this paper.The second part is an overview of environmental public interest litigation and related concepts.Clarify the concept and characteristics of public interest litigation,the concept and content of public interest litigation,and analyze the composition of public interest litigation from the perspective of jurisprudence.Through the way of comparison,this paper studies the similarities and differences between environmental public interest litigation and other litigation,so as to study the source of public interest litigation and the relationship between any treatment and other litigation.Yes,we can look at environmental public interest litigation from the perspective of commonness and individuality,and find the way to solve the problem by comparing the relationship between civil public interest litigation,administrative public interest litigation and criminal public interest litigation.The third part studies the current situation,problem analysis and suggestions of procuratorial public interest litigation.Analyze the problems faced by procuratorial authorities and put forward solutions.The fourth part looks for experience from the current situation of other countries,discusses the subject status of procuratorial authorities,and analyzes the causality and internal logic.The fifth part is to improve the path of environmental public interest litigation in China.Study the special role of the procuratorate in public interest litigation,and prove the advantages and rationality of the procuratorial organ’s participation in environmental public interest litigation from different angles.