Research On The Problems Of Procuratorial Public Interest Litigation In The Field Of Wildlife Protection

The outbreak of COVID-19 seriously endangers public health safety,and the possible source of the virus is illegal trading and overeating wild animal.The protection of wild animals is mentioned at a new height.This provides a new opportunity for the procuratorial organs to give full play to the function of public interest litigation and increase the intensity of wildlife protection cases.Wildlife protection is an important part of procuratorial public interest litigation in the field of ecological and environmental protection.Since the outbreak of COVID-19,the procuratorial organ has fully performed the functions of public interest litigation and has handled a large number of illegal and criminal cases involving the destruction of animal resources.Through the way of public interest litigation,it has effectively deterred the illegal and criminal elements who destroy wildlife resources.The procuratorial organs have defended the public interest,it has contributed to the prevention and control of the source of the epidemic.However,public interest litigation in the field of wildlife protection is a new topic for procuratorial organs.Therefore,there are some problems in the operation of judicial practice,which still need to be explored to sum up the experience and lessons.This paper starts with the judicial practice of public interest litigation cases in the field of wildlife protection filed by procuratorial organs,analyzes the problems existing in the judicial practice of procuratorial organs in handling such cases,and puts forward some reasonable suggestions on relevant problems.The purpose is to provide a reference for the procuratorial organs to give full play to their public welfare functions and file public interest litigation for wildlife protection.The first part of the article is an overview of procuratorial public interest litigation in the field of wildlife protection.It mainly introduces the concept and theoretical basis of procuratorial public interest litigation in the field of wildlife protection,and the significance of procuratorial public interest litigation in the field of wildlife protection.The second part of the article mainly analyzes the current situation of prosecutorial public interest litigation in the field of wildlife protection from the legislative and judicial perspectives.From the perspective of legislation,this paper mainly analyzes the substantive law and procedural law in the field of wildlife protection.From the judicial point of view,mainly based on the observation of judicial practice,this paper objectively presents the current situation of judicial practice of procuratorial public interest litigation in the field of wildlife protection from two aspects of judicial data and judicial cases,and summarizes some rules and characteristics.The third part of the article,based on the practice observation,analyzes the problems encountered in the prosecutorial public interest litigation in the field of wildlife protection in the judicial practice at present.The main problems include: the protection scope is too narrow,the litigation request is insufficient,the wildlife forensic identification is difficult,the procuratorial organ is difficult to obtain the case handling clues,the public welfare compensation management and the use of the lack of standardization and so on.The fourth part of the article is the rationalization and improvement path for the problems faced by the procuratorial public interest litigation in the field of wildlife protection.It mainly includes: broadening the scope of prosecutorial public interest litigation in the field of wildlife protection,strengthening the rationality of litigation claims,improving the level of forensic procuratorial informatization,obtaining clues of public interest litigation through multiple channels,regulate the management of public welfare compensation for wildlife protection and other measures.