
Role of Procuratorates in the Environmental Public Interest Litigation
LI Yan-fang,WU Kai-jie
Journal of Renmin University of China ›› 2016, Vol. 30 ›› Issue (2) : 2-13.
Role of Procuratorates in the Environmental Public Interest Litigation
In July 2015,the Standing Committee of the National Peoples Congress authorized the Supreme Peoples Procuratorate to file public interest litigations in pilot districts,initiating a new chapter of environmental public interest litigationFiling environmental public litigations by procuratorates has legal basis and can satisfy practical needs,but due to the irreplaceability of administrative power in protecting environmental public interest,imbalance between procuratorial power and administrative power should be avoidedIn addition,because of the “ultimate starter” status of the public in filing environmental public interest litigations,procuratorates should be prevented from excessively intervening the publics right to file litigationsTherefore,innovative legal system distinguished from general civil procedure and general public interest litigation should be designed for procuratorates to file environmental public interest litigations,primarily including selection of litigated objects,classification of litigation scope,arrangement of litigation sequence,restriction of litigation right and cooperation between environmental public interest litigation and criminal litigation.
procuratorate / environmental public interest litigation / public interest litigator {{custom_keyword}} /
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