Research On Typical Problems Of Environmental Public Interest Civil Litigation Attached To Criminal Cases

Public Interest Civil Litigation Attached to Criminal Cases is one of the components of my country’s public interest litigation system.After the new "Environmental Protection Law" in 2014 and the revision of the "Civil Procedure Law",the system gradually took shape.The Interpretation of the People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Procuratorial Public Interest Litigation Cases has been established,and institutional practice has been widely spread.As a special institutional form that combines the functions of public interest litigation and public prosecution,the system of civil public interest litigation attached to criminal matters has played an active role in expanding the source of public interest litigation cases,improving the efficiency of handling public interest litigation cases,and effectively redressing damaged public interests.The main achievements of the procuratorate’s public interest litigation practice have achieved certain legal and social effects.Public Interest Civil Litigation Attached to Criminal Cases has been widely promoted due to its institutional advantages,and the number and quality of public interest litigation cases filed by procuratorial organs have made great progress.The vigorously promoted system has some problems in the establishment,operation and development of the system.First,some scholars put forward negative opinions on whether the system can be established and survived during the establishment of the system.The theoretical basis for establishing the system still needs to be discussed;Finally,in the system,there are only lower-level normative documents such as the "Interpretation on Several Issues Concerning the Application of Procuratorial Public Interest Litigation Cases" and the "Rules for Handling Public Interest Litigation Cases of Procuratorial Organs" as the legal basis,and the standardization needs to be improved;thirdly,in the specific operation of the system Among them,although the scope of civil public interest litigation incidental to criminal cases is not limited to the field of ecological environment,it has a tendency to expand to the fields of consumer rights protection and the protection of minors’ rights and interests.It is necessary to further define "public interest" in order to reasonably delineate the scope of Public Interest Civil Litigation Attached to Criminal Cases.The scope of acceptance of public interest litigation;further in the actual operation of the system,such as whether the pre-litigation announcement is fulfilled,the way of fulfillment,the issue of optimizing the effect of performance,how to connect procuratorial public interest litigation with ordinary civil public interest litigation,and the expansion of social participation in litigation in optimizing the system The issue of legalization,the distinction and competition between criminal liability and public interest damage liability,and the establishment of the scope of liability for Public Interest Civil Litigation Attached to Criminal Cases,as well as some procedural details need to be analyzed and certain countermeasures must be put forward.Summarize the commonality and explore the root causes from the individual problems in the establishment and operation of the system,use the research methods of legal hermeneutics,legal sociology,comparative analysis,and historical analysis to consider the favorable conditions and limiting factors faced in the process of institutional change,and try to define criminal law.The institutional goals of environmental civil public interest litigation,and the resolution of the criminalization of public interest prosecution in practice,determine the primary goal and institutional orientation of Public Interest Civil Litigation Attached to Criminal Cases.And use this to answer typical questions about the legal basis,prosecution subject,pre-litigation announcement,trial organization,and performance of responsibilities in Environmental Public Interest Civil Litigation Attached to Criminal Cases,optimize and improve the legal basis for litigation,perform pre-litigation announcements in a variety of ways,and improving the sequence arrangement and supervision mechanism for the fulfillment of responsibilities.Based on the above analysis and suggestions,it is proposed to improve the quality and efficiency of Public Interest Civil Litigation Attached to Criminal Cases,achieve the dual effects of improving judicial efficiency and effective maintenance of social public interests,and achieve the unity of legal effects and social effects.