Research On Supporting Prosecution System In Environmental Civil Public Interest Litigation

In order to strengthen the environmental civil public interest litigation of environmental protection,to better safeguard national ecological security,our country in the article 15 of the civil procedure law supports on the basis of prosecution principle,in the second paragraph of article 58 added the provisions of the procuratorial organs support prosecution,preliminary build up the procuratorial organs support civil public interest litigation system.Article 11 of the Interpretation of the Supreme People’s Court on Several Issues concerning the Application of the Law to the Trial of Environmental Civil Public Interest Environmental Litigation Cases more specifically specifies the subject and method of supporting litigation in environmental civil public interest litigation.However,due to the small number of relevant provisions supporting the prosecution system in environmental civil public interest litigation,the specific rules are not clear.The lack of legislative level makes the system unable to be widely used in judicial practice,so many scholars have questioned the necessity of supporting the existence of the prosecution system in environmental civil public interest litigation.Supporting the prosecution system can broaden the channels for the relevant subjects to participate in the field of environmental civil litigation,balance the relationship between the litigation subjects,and better realize the fairness and justice of environmental civil public interest litigation cases.Therefore,it is necessary to fully investigate and analyze it from the field of judicial practice and legislation,and then put forward improvement measures on the basis of learning from the "friends of court" system outside the region.The research content of this thesis is mainly divided into four parts: the first part is the introduction,which expounds the research background,current situation and significance of this thesis The second part is the introduction of the basic theory of supporting the prosecution system and the "amicus court" system.The third part sorts out the legislative status and judicial status of supporting the prosecution system in China’s environmental civil public interest litigation in China,and summarizes the problems of supporting the prosecution system in the environmental civil public interest litigation in China by introducing cases and sorting out the legislative status.The fourth part puts forward the principle of "social participation","realistic necessity" and "limited intervention",starting from the construction principle of supporting the prosecution system in environmental civil public interest litigation.Under the norms of the construction principle,suggestions are further proposed to support the improvement of the prosecution system in environmental civil public interest litigation in China,including: the participation of diversified support subjects;the differentiation of the application situation of supporting prosecution;the starting mode of supporting the application of social organizations and the standard of providing necessary assistance.