The Research On Criminal Incidental Civil Public Interest Litigation For Illegal Logging

On March 2,2018,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued interpretations on a number of issues related to the application of the law to public interest litigation cases by procuratorial authorities.The introduction of a criminal and civil regime for public interest litigation in Article 20 introduces both criminal and civil liability for infringements against the environment and the protection of natural resources in the same procedure,thus saving judicial resources and improving the efficiency of case handling.However,because the judicial interpretation only provides principles for the system without specific application rules,and there are disputes over both theory and procedural rules,it is necessary to explore and improve this system.In order to better study the application of criminal incidental civil public interest litigation in the field of environmental justice,this paper selects cases of criminal incidental civil public interest litigation for illegal logging as the research object,explores the common issues of the institutional attributes and procedural rules of the system,and analyzes the determination of restoration responsibility and its corresponding improvement measures.This paper focuses on the following aspects:First,the background is the impact of logging on China’s natural environment and human living environment,and then the analysis of the This report presents the existing system of civil litigation of criminal cases in the public interest,which leads to the goal of this paper.By combing through the relevant domestic and foreign literature on the constitutive elements of the crime of logging,the conditions of establishment,the theoretical problems and practical difficulties in public lawsuit,the responsibility of ecological restoration and the restorative justice concept,we summarize and analyze them,and on this basis,we propose the direction and research focus of this paper,namely,program and a logging crime public interest and criminal cases civil conflicts program.The second is a conceptual analysis of the current system and problems in the field of practice.Secondly,we use the conceptual analysis method to summarize the basic issues of logging crimes,including its criminal composition,sentencing characteristics and ecological and environmental liability,analyze the limited provisions of China’s criminal law on ecological and environmental liability for logging crimes,and use the theoretical analysis method to analyze the rationality and functionality of the introduction of civil public interest litigation in environmental crimes such as logging.Theoretical analysis is also used to discuss the rationality and functionality of the introduction of civil public interest litigation in environmental crimes such as logging.Thirdly,we analyze the theoretical dilemma and Applying the Rules on Involuntary Attached Civil Actions,the prevailing system for the public benefit in the PRC.,find that the system has been in existence for a relatively short period of time,and there are problems of unclear attributes of the system,unclear legal basis,single prosecution body,and limited scope of prosecution at the theoretical level,and there is confusion in the application of procedural rules in the process of its operation.Part of the order of hearing,pre-litigation notice of the implementation of procedures and case jurisdiction and other aspects of the current situation and dilemma.Fourthly,through the empirical the bench marking of available penal and civil court files of public interest,we summarize the current situation and Criminal cases Procedural issues related to civil rights.against illegal logging,and analyze the basic situation,procedural problems and trial situation of the cases by means of charts,we can find that Recent criminal cases Civil cases of public interest against illegal logging exists in the process of operation.We found that there are common problems in an act of public interest criminal case civil litigation and there is still a need to explore the way of ecological and environmental responsibility.Fifth,through consideration of the current situation and analysis of experience,we propose the perfect path from open theft criminal proceedings to random civil procedure.and deforestation,standardize the scope of any person subject to a civil proceeding arising out of a criminal proceeding for theft.and deforestation,and clarify the qualification of procuratorial organs in the crime of theft shall be the subject of a civil public interest litigant in a criminal proceeding for the crime of theft.and deforestation;second,improve the procedural rules of criminal incidental civil public interest litigation for theft and deforestation,standardize the order of case hearing,and clarify the procedure of pre-litigation announcement.Finally,improve the way to assume responsibility for ecological and environmental restoration,implement the concept of the restorative justice in the criminal cases,occasional commercial civil cases,and public interest litigation.illegal logging,consider the effect of the defendant’s ecological and environmental responsibility in the sentencing process,innovate the way to assume ecological and environmental responsibility,strengthen ecological and environmental restoration management,enhance responsibility The application of the law in the public interest incidental civil litigation...