Research On The Implementation Of Criminal Incidental Environmental Civil Public Interest Litigation System

At the same time of economic growth,excessive transformation has caused considerable damage to the ecological environment due to huge improvements in human speed and ability to access and utilize natural resources,and there have been repeated outbreaks of environmental events that have damaged human health and development..In order to better balance the relationship between the economy and the environment and relieve the damaged public interests,the environmental public interest litigation system came into being.The goal of this study is to use normative analysis to collect environmental criminal incidental civil public interest lawsuit cases from around the country in 2021,empirical analysis,literature analysis and other paper writing methods,and summarize the specific circumstances of their implementation.On this basis,the operation of the system is discussed.The article consists of five parts.The first section is the introduction,which covers the research background,relevance,state of domestic research,research ideas,and techniques,and innovations of environmental criminal incidental civil public interest litigation,and lays the groundwork for the following.The second part is an introduction to the environmental criminal incidental civil public interest litigation system.This part extracts the general basic concept of environmental crime incidental civil public interest litigation,which is defined as the judicial organ in the process of hearing environmental crime criminal litigation,while solving the defendant’s criminal responsibility,incidentally solves the environmental ecology caused by the defendant’s criminal behavior.Litigation activities based on civil liability for damage to public interests is a general term for legal norms that generally stipulate such issues as litigants,litigation procedures,and civil liability.At the same time,combined with judicial practice,it summarizes the three characteristics of this litigation system: institutional dependence,qualitative independence,and the public welfare of the protected object.The practical value of improving litigation efficiency,maintaining environmental public interests,handling cases correctly,and avoiding adjudication contradictions,to a certain extent,lays the theoretical foundation for the analysis of its practical operation in the third part.The third part examines how the environmental criminal incidental civil public interest litigation system will function in 2021.Although the system already has laws to abide by,it is still in the initial stage of development,and there must be many legislative gaps in the law,which makes the implementation and development of the system encounter many difficulties.The civil public interest litigation system has also become a pressing issue that must be addressed.Therefore,this part mainly deals with the scope of acceptance of the case,the trial stage of the case and the use of the test group,the listing of the subject of the prosecution,the implementation of the announcement in the case,the lawsuit filed by the procuratorate,the details of the court judgment,and the application of the law.It summarizes and summarizes other aspects,and provides a blueprint for the analysis of the fourth part of the problem.The fourth part,the existing predicament of the environmental criminal incidental civil public interest litigation system.Based on the operation data provided in the third part,this part summarizes and analyzes,and finds that the current system has four major problems: confusion in the application of the subject of prosecution,contradiction in some procedures,non-standard litigation claims,and inconsistency in the judgment part.The fifth part is the optimization and perfection of the environmental criminal incidental civil public interest litigation system.This part follows the fourth part,starting from the analyzed problems of the system in practice,and seeks solutions.In response to the confusion of its subjects,a solution to clarify the public interest of the litigation subject is proposed;for the problems arising from different announcement procedures,it is recommended to further clarify the performance time of the pre-litigation announcement procedure and strictly implement,limit the mediation and the announcement procedure in the reconciliation;List out the procedural issues such as,it is recommended to strengthen the performance of the procuratorial organs’ responsibilities as a whole,clarify that the procuratorial organs should divide their labor when they appear in court,clarify and refine the standards for the use of the mediation system or the reconciliation system,and regulate the litigation requests made by the procuratorial organs;For trial issues,it is recommended to standardize the content of trials,unify the application of laws,detail the specific content of ecological restoration responsibilities,and strengthen follow-up supervision of the performance of ecological environment restoration responsibilities.