THE IMPROVEMENT OF SYSTEMS OF ENVIRONMENTALADMINISTRATIVE PUBLIC INTEREST LITIGATION INITIATED BYCHINESE PROCURATORIAL ORGANS

摘要

The Chinese procuratorial organs initiated environmental administrative public interest litigation is helpful to promote the public welfare of environmental protection with the help of the judicial organs.The damage case of taobei grassland reflects the three functions of environmental administrative public interest litigation initiated by the procuratorial organ,such as indirect maintenance of environmental public interest,supervision to the administration,and supplement to the relevant subjects.In view of the problems existing in the legal system of environmental administrative public interest litigation initiated by the procuratorial organs,such as the unclear content,poor effect,lack of coordination with citizens and public interest organizations,and unclear types of litigation,China should clear the content,frequency,period,and the four types of environmental public interest litigation brought by the procuratorates,of the procuratorial advice before litigation,to construct the prosecution procedure based on the premise that the citizen or social public welfare organization has not initiated the public interest administrative lawsuit and the protection procedure of the litigation rights of the polluter who has not known the trial,give the procuratorial organs compulsory investigation power in the cases of environmental public interest litigation.