Diacuss the Construction of Environmental Public Interest Litigation of Prosecution
|Keywords||welfare litigation procuratorial organ environmental welfare litigation system construction|
Due to legislation deficiencies, in today’s China, the existing litigation system can no longer be effectively applied for the protection of environmental welfare, which now has been greatly undermined because of worsening environment pollution and decaying natural resources. As a result, it is difficult for state procuratorial organs to prevent these disastrous incidents from happening by means of welfare litigation. In succession, countries adopting Continental Law System and Anglo-American Law System as well as socialist countries of Soviet Union had all established litigation system of environmental welfare, which serves as useful second-hand experience for establishing litigation system of environmental welfare in China. At the meantime quite a few cases concerning the loss of state assets handled by procuratorial organs also yielded rich practical experiences of welfare litigation. This paper, through exploring legislation of foreign countries and legal practice in China, proceeds an empirical study on welfare litigation conducted by procuratorial organs from perspectives of theory, legislation and practicality and arrives at a conclusion which confirms that, under current circumstances, compared with common citizens, environment protection organizations or relevant administrative institutions, legal actions of environmental welfare taken by procuratorial organs, which, according to the law, are indisputable representatives of public welfare, not only enjoy advantages at policy level but also benefit from judicial feasibility. In order to tackle the increasingly tightening environment problem, China shall give procuratorial organs full power of environmental welfare litigation and, by improving the existing laws, establish an effectual litigation system of environmental welfare that can be adopted by procuratorial organs. Thus, not only does the litigation system goes parallel with the main stream of the environment legislation all around the world, it also meets the China’s newly arising needs as a member of WTO, which in turn embodies the principle of fairness and justice in environment protection and ensures that procuratoriral organs fulfill their duties of environment protection.