| Since the administrative public interest litigation from the pilot to the full spread,the number of cases is increasing year by year,coupled with the continuous strengthening of the awareness of environmental protection in the whole society,the environmental administrative public interest litigation has gradually emerged as a branch.Under the trend of more and more frequent environmental administrative public interest litigation cases,problems in the investigation and evidence collection of procuratorial organs have been exposed in judicial practice.These problems have brought no small obstacles to the investigation and evidence collection of procuratorial organs.This thesis relies on the research idea of "asking questions-analyzing problems-solving problems" and adopts literature research method and empirical analysis method to conduct research.By pointing out and analyzing the problems existing in the investigation and evidence collection of the procuratorial organs of environmental administrative public interest litigation,finally put forward suggestions for improvement.The first part,according to the main line of the behavior logic of the investigation and evidence collection by the procuratorial organ,analyzes the way,content,standard of proof,characteristics and value of the investigation and evidence collection respectively,and sorts out the basic context of the investigation and evidence collection.The second part carries out empirical analysis,sorting out the five cases and presenting the two cases to extract the current situation of the investigation and evidence collection work of the procuratorial organ,and briefly points out the existing problems;The third part discusses in detail three problems existing in the investigation and evidence collection of procuratorial organs of environmental administrative public interest litigation: first,the object of investigation and evidence collection is passive cooperation;second,the procedure of investigation and evidence collection is not unified;third,the ability of investigation and evidence collection is weak;The fourth part analyzes the three causes of investigation and evidence collection problems: lack of mandatory regulations,lack of identification related system,lack of technical support;The fifth part puts forward the improvement path: first,in view of the negative cooperation of the object of investigation and evidence collection,it puts forward the suggestion of establishing a joint guarantee system and entrusting the procuratorial organ with appropriate rigidity in investigation and evidence collection.Second,in view of the disunity of the procedures of investigation and evidence collection and appraisal institutions,the principle of the establishment of the first priority and the establishment of the environmental public interest appraisal center of the national procuratorial organs is proposed.Third,in view of the weak ability of procuratorial organs to investigate and collect evidence,it is proposed to enrich the ways of investigation and collect evidence,improve professional accomplishment,strengthen the connection with the masses of evidence clues and establish the system of expert assistants. |
