An Empirical Study On The Procuratorial Organ Initiating Environmental Criminal And Civil Public Interest Litigation

In recent years,procuratorial public interest litigation is undoubtedly a hot topic in the field of judicial reform.In nature,this type of civil public interest litigation is actually a kind of environmental civil public interest litigation,but it is rather special in nature.Because of its rich academic and practical value,it has become a very important part of procuratorial public interest litigation,It has very advantageous superiority in safeguarding environmental public interests,improving the efficiency and effectiveness of litigation,and Preventing contradictions and conflicts in refereeing.However,due to environmental criminal incidental civil litigation reform started relatively late,this is where its shortcomings lie.Through empirical investigation and analysis,it can be found that many practical workers have,Should the criminal procedure rules be adjusted proactively? Catering incidental civil public interest litigation for practice;It should be close to the relevant provisions of the incidental civil litigation,Let practice obey the rules? This has extremely high research value.The article uses case analysis,literature research,etc,Focusing on more prominent procedural issues,Mainly from the aspects of region,cause of the case,way of assuming responsibility,pre-litigation announcement procedures,and court decisions,etc,to unify,analyze and explain the 3678 judgments of criminal and civil public interest litigation cases collected on the judgment document online.Use these cases as a guide to analyze the causes of related issues,unearthed the problems in the system,for example,the status of the prosecution subject is very unclear,and the scope of the case is expanded and unreasonable,liability and compensation management methods are not clear,the implementation of the pre-litigation announcement procedure is very irregular,difficulties in the development of mediation procedures and other five aspects,from multiple aspects and perspectives,research on the current problems and how they are generated,put forward suggestions to improve the system.It is recommended to further clarify the status of the prosecution subject,reasonably limit the scope of the case,The method of assuming responsibility and the method of keeping compensation costs need to be further improved.The pre-litigation announcement procedures and mediation procedures are also more in need of optimization and improvement,mainly start from the above five aspects.Efforts will be made to comprehensively improve the system.It provided useful insights for the establishment of this distinctive new type of public interest litigation.