Research On Legal Issues Of Environmental Civil Public Interest Litigation Initiated By The Procuratorat

Procuratorial public interest litigation,as a vital part of the construction of the rule of law in China,is an significant institutional arrangement for the state to carry out overall protection of social and ecological interests by means of trial.It plays a very important role in the conservation of environmental public interests.In the first of this paper,we have described the necessity and feasibility of developing this system.The exhibition agency connects the environment,civil affairs,and the public.The Supreme People’s Prosecutor’s Office has an exclusive location.The constitution clearly stipulates the legal supervision mechanism.This is the basis of the prosecution’s right.The Constitution gave citizens the right to civil lawsuits.The authorization of the Civil Procedure Law is the legal prerequisite for its establishment.Among all state organs,the procuratorial organs are more suitable for representing the state to safeguard public interests because of their own functional positioning and comparative advantages,as the main body of environmental civil public interest litigation.The development of state subject theory and formal party theory is the theoretical basic section.The prosecution has started an environmental civil public interest proceeding system.Prosecutors have a certain comparative advantage over individuals,social organizations and government agencies in filing environmental civil public interest lawsuits.In the second part,the legislative process of the procuratorial environmental public interest litigation system is sorted out in the order of time line.In this part,we sort out the changes in the legislation of my country’s procuratorial environmental public interest litigation system and the current legislative status.In the chapter 3,the modern circumstances of the procuratorial environment civil public interest litigation system is analyzed.From the typical cases of environmental civil public interest litigation published on the formal network station of the Supreme People’s Procuratorate,five guiding cases were selected based on the criteria of entering the trial stage,the trial was completed,and the types of cases were multiple,and the essential actual state of affairs of the cases were listed in a list.Based on the data released by the Supreme People’s Procuratorate and the basic situation of the guiding cases,it gather up the highlights and progress of the system initiated by the procuratorate.In the next chapter four,it dissects the embarrassments which exists.The first problem with this system is that the legal basis for litigation is too low.The "Civil Procedure Law" only legally recognizes the legality of the procuratorate’s status as a plaintiff in environmental civil lawsuits,and the legal provisions in the strict sense are relatively lacking on the whole.The second problem of this system is the poor coordination between procuratorial organs and social organizations,which is manifested in the competition between procuratorial organs and social organizations in initiating lawsuits and the insufficiency of procuratorial organs in supporting prosecutions.The third problem with this system is that the effect of the pre-litigation procedure needs to be strengthened.The "Case Handling Rules" stipulates the method and time limit of the pre-litigation procedure.However,considering the particularity of environmental civil public interest suit,the one-month announcement time required by legislation has been too long to affect.There are also problems that social organizations are not very motivated.Effect of pre-litigation procedures needs to be strengthened.The fourth problem with this system is the calculation and application of damages.The calculation of the amount of damages is quite professional.When the defendant is a natural person,it is often difficult to understand the calculation of the amount.And the amount of damage sometimes exceeds the defendant’s ability to bear,and the defendant’s survival should also be considered at this time.It is necessary to take into account the punitive effect of the law,but also not to unduly affect the defendant’s life.At last,targeted suggestions are put forward respectively on the four issues brought by the procuratorate.Specific suggestions include systematic and specialized legislation,coordination of the relationship between prosecution subjects,strengthening of pre-litigation procedures and the introduction of a legal aid system.