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.

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主管:教育部
主办:中国人民大学
ISSN 1000-5420  CN 11-1476/C
PDF(8150 KB)
Journal of Renmin University of China ›› 2016, Vol. 30 ›› Issue (2) : 2-13.

Role of Procuratorates in the Environmental Public Interest Litigation

  • LI Yan-fang,WU Kai-jie
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Abstract

In July 2015,the Standing Committee of the National Peoples Congress authorized the Supreme Peoples Procuratorate to file public interest litigations in pilot districts,initiating a new chapter of environmental public interest litigationFiling 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 avoidedIn addition,because of the “ultimate starter” status of the public in filing environmental public interest litigations,procuratorates should be prevented from excessively intervening the publics right to file litigationsTherefore,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.

Key words

procuratorate  / environmental public interest litigation  / public interest litigator

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LI Yan-fang,WU Kai-jie. Role of Procuratorates in the Environmental Public Interest Litigation[J]. Journal of Renmin University of China, 2016, 30(2): 2-13
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