The Application Dilemma and Relief of Civil and Administrative Public Interest Litigation from the Perspective of Ecological Environment Prosecution
Legislation has granted procuratorial organs the qualifications of parties in environmental administrative public interest litigation and environmental civil public interest litigation,providing legal basis for procuratorial organs to fulfill their ecological and en-vironmental procuratorial functions in accordance with the law,and effectively filling the gap of private litigation rights in maintaining environmental public interest.However,due to the interweaving of interests and overlapping responsibilities in ecological environment cases,the procuratorial organs have encountered difficulties in applying the"two lawsuits"process,such as unclear order,unclear re-lationship,and difficult selection.Based on the perspective of integrating the performance of ecological environment prosecution,by clarifying the order of competition between"two lawsuits",establishing a civil public interest litigation system attached to procuratorial administration and improving the operation mechanism of pre litigation procedures,properly handling the relationship between"two lawsuits",achieving complementary institutional advantages,closely connecting pre litigation procedures and litigation procedures,and constructing an integrated ecological environment public interest prosecution pattern.
Environmentalpublic interest litigationLaw on Public Interest Litigation for ProsecutorsApplication
万方数据
维普
