On the Existing Problems in the Practice of Procuratorial Environmental Public Interest litigation and Their Countermeasures——Taking the D County in S Province as a Sample
The promulgation of The Civil Procedure Law and The Administrative Procedure Law establishes China's current procuratorial environmental public interest litigation system.Taking the procuratorial environmental public interest litigation conducted by the D county of S province as the starting point,the authors,from a micro perspec-tive,analyze the problems existing in judicial practice such as difficulties in obtaining evidence clues,confusion in litigation jurisdiction and difficulty in managing punitive damages.In order to solve these problems and better build the procuratorial environmental public interest litigation system,we should strengthen the linkage between procura-torates,administrative organs and citizens to collect clues in multiple ways in the future.We should explore the es-tablishment of cross-regional cooperation mechanisms within procuratorates to reduce the problems of poor procedur-al cohesion in the context of remote jurisdiction and centralized jurisdiction.We should also introduce professional organizations and expert assistants to assess the damage of environmental pollution,and provide corresponding repair suggestions.In addition,we should clarify the system for the use and management of compensation funds involved in public interest litigation,and an environmental damage compensation fund should be established by procuratorates at or above the provincial level.
environmental public interest litigationcross-regional jurisdictionadministration of punitive damages