Perfection Of The Prosecutorial Supporting Prosecution System In Environmental Civil Public Interest Litigation

The prosecutorial supporting prosecution system in environmental civil public interest litigation enhances the plaintiff’s ability to respond to lawsuits through the “state intervention” of the procuratorial organs,and achieves a balance of strength of all parties in environmental public interest protection.However,due to the influence of traditional procuratorial supervision and the lesgislative model of public interest litigation,the system has both legislative and practical problems and does not perform its actual function.In view of this,it is necessary to base on the necessity of the system,in view of its poor representation,to carry out research on system perfection.Firstly,we will explain the basic theories of the prosecutorial supporting prosecution system in environmental civil public interest litigation.We will clarify the history of the system and deconstruct the characteristics of "social intervention" for private prosecution and "state intervention" for public interest prosecution,so as to provide a basis for the subsequent analysis of necessity;environmental trust theory and supervision and restiction theory discuss the legitimacy of participation of procuratorial organs and social organizations in environmental public interest litigation,and provide a framework for the public interest prosecution system;while the new public management theory and public interest support prosecution tend to be consistent in terms of litigation objectives and inherent operating conditions,and the proximity to justice provides conceptual guidance for the design of the public interest support prosecution path.The two together fill in the content for prosecutorial supporting prosecution system in environmental civil public interest litigation.Secondly,we analyze the necessity of the system of the prosecutorial supporting prosecution system in environmental civil public interest litigation.At the micro level,the system itself is irreplaceable,compared with "state intervention",private litigation "social intervention" lacks strength and professionalism,and it is difficult to meet the special needs of environmental public interest protection,the procuratorate’s support for prosecution can reduce its subjective tendency to initiate litigation directly,in line with the requirements of the exercise of procuratorial supervision functions.On the macro level,the long-term development of the system can strengthen the social force in public governance,correct the trend of "nationalization" of public interest litigation,build a diversified protection system for environmental public interest,and have a favorable impact on the pattern of environmental public interest litigation.Next,review the problems of the system of the prosecutorial supporting prosecution system in environmental civil public interest litigation.Specifically: In terms of legislation,there is a contradiction between the legal basis of application of the system and the applicable subjects and scope of application in the legal provisions of the system are inconsistent;there are gaps in the operational rules of the system,the existing laws are few in number,brief in content,more repetitive in content,and the legal documents are of low validity.In practice,the specific model and the initiation procedure is unclear,the specific methods are not implemented,there is inconsistency in how the system is set out in the adjudication documents,and the prerequisites of the system are not stimulated.Finally,we propose the improvement of the system of the prosecutorial supporting prosecution system in environmental civil public interest litigation.In terms of legislation,First clarify the contradictions between the legal bases,and then propose Article 58(2)of the Civil Procedure Law as the optimal legal basis for application;next,based on the existing judicial interpretation,the relevant provisions will be adjusted to enrich the rules.In practice,establishing the mode of support for prosecution through the complexity of the case and the litigation capacity of the plaintiff subject,determine the subject of jurisdiction based on the need for consistency between the supporting authority and the court,establishment of a commencement procedure based on the principle of party application,adhere to the appearance in court to participate in the proceedings,to assist in the investigation and collection of evidence,to publish the final opinion and other forms of support,according to the requirements issued by the Supreme People’s Court clearly support the subject should be listed after the plaintiff and the defendant party,social organizations as the main service targets,improve their governance system,strengthen soft power building,solve the funding dilemma,and stimulate support for the prerequisites of the prosecution system.