The new era of environmental public interest litigation is a beautiful crystallization of the relationship between the maintenance of public interest and legal supervision in China. It is an extension of the legal supervision function assigned to the procuratorial organs by the Constitution, which can better promote national governance and safeguard the public interest of the environment. However, in practice, the imperfection of the system and extra-legal factors have induced various problems in the pre-litigation procedure of prosecutorial public interest litigation, such as the difficulty of social environmental organizations to file public interest litigation and the legitimacy of the procuratorial organs for the "performance of duties" of administrative organs. In order to further improve the pre-litigation procedure system of procuratorial environmental public interest litigation, firstly, it is clear that the focus lies on the principle of procuratorial humility according to law. Secondly, the civil public interest litigation needs to optimize the institutional arrangement of environmental protection organizationsin ecological environmental damage litigation, strengthen the linkage between procuratorial organs and social groups, and set up multiple administrative acts review standards for administrative public interest litigation, in order to help Chinese characteristics of procuratorial system of environmental public interest litigation in before litigation procedure of continuous development and improvement in practice.
| Published in | Social Sciences (Volume 10, Issue 6) |
| DOI | 10.11648/j.ss.20211006.14 |
| Page(s) | 279-285 |
| Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
| Copyright |
Copyright © The Author(s), 2024. Published by Science Publishing Group |
Procuratorial Environmental Public Interest Litigation, Pre-litigation Procedures, Environmental Organization, Administration Organs
| [1] | Lin Lihong, "Public Interest Litigation in China under the Perspective of Law Sociology" [J], Study and Exploration, 2008, No. 1: 119-125. |
| [2] | Sun Qian: "Towards the rule of law - a few thoughts on the rule of law" [J], People's Procuratorate, 2020, No. 1: 5-13. |
| [3] | China Environmental Justice Development Report (2020), China Environmental Resources Trial (2020) [R], in Supreme People's Court of the People's Republic of China, June 8, 2021. |
| [4] | China GDF v. Pollution of Tengri Desert Enterprises Encounters "Proof" Embarrassment" [N], in China Courts Network, August 29, 2015. |
| [5] | Qin Tianbao, "On Supporting Litigation in Environmental Civil Public Interest Litigation [J], Administrative Law Studies" [J], 2020, No. 6: 25-36. |
| [6] | Zhu Qian and Chen Yang: "The Precedence of Ecological and Environmental Damage Lawsuits: A Discussion on the Subordination of Environmental Civil Public Interest Litigation" [J], in Academic Forum, 2020, No. 5: 35-42. |
| [7] | Hu Weilie and Chi Xiaoyan. Administrative public interest litigation pre-litigation procedures from the pilot situation [J], in Journal of the National Prosecutors College, 2017, No. 2: 30-48 + 170-171. |
| [8] | Hu Weilie and Chi Xiaoyan, "The Public Interest Litigation System in the Perspective of National Governance" [J], in Journal of the State Prosecutor's Academy, 2020, No. 2: 30-48 + 170-171. |
| [9] | Li Yanlin, "Review and Improvement of the Pre-litigation Procedure of Administrative Public Interest Litigation -- From the Perspective of procuratorial Organ's intervention in Administrative Affairs", Search, 2021, No. 1: 171-179. |
| [10] | Fang Yao, "On the differentiated positioning and reshaping of the identity of procuratorial organs in public interest litigation" [J], in Legal Studies, 2019, No. 3: 38-47. |
| [11] | Larenz, Methodology of Jurisprudence [M], The Commercial Press, 2003. |
| [12] | LI Yongjun, "The Utilitarian Tendency of Legal Interpretation" [D], in Legal Methods, No. 1, 20019; Song Baozhen, "The Identification, Operation and its Limits of Consequence-Oriented Judgment - An Examination Based on Gazette Cases and Judicial Research Data" [J], in Jurisprudence, No. 1, 2017: 128-140. |
| [13] | Zhou Gaojun, Li Yuan, "Practice Path of Procuratorial Organs under the Background of Compensation system for Ecological Environment Damage" [J], Chinese Procurators, No. 17, 2021: 51-54. |
| [14] | GU Peidong, "Effectiveness: A Basic Value Goal of Contemporary Law: A Review of Western Legal Economics" [J], Chinese Law, 1992, No. 1: 89-98. |
| [15] | Li Deen, "The System Construction of Procuratorial Organs supporting Prosecution under the Threshold of Judicial Vision" [J], 2016, No. 1: 153-160. |
APA Style
Gao Guilin, Chen Weixian. (2021). The Practical Dilemma and Improvement of the Pre-litigation Procedure of Procuratorial Environmental Public Interest Litigation. Social Sciences, 10(6), 279-285. https://doi.org/10.11648/j.ss.20211006.14
ACS Style
Gao Guilin; Chen Weixian. The Practical Dilemma and Improvement of the Pre-litigation Procedure of Procuratorial Environmental Public Interest Litigation. Soc. Sci. 2021, 10(6), 279-285. doi: 10.11648/j.ss.20211006.14
AMA Style
Gao Guilin, Chen Weixian. The Practical Dilemma and Improvement of the Pre-litigation Procedure of Procuratorial Environmental Public Interest Litigation. Soc Sci. 2021;10(6):279-285. doi: 10.11648/j.ss.20211006.14
Share This Article
Twitter
Linked In
Facebook
Copy
Download@article{10.11648/j.ss.20211006.14,
author = {Gao Guilin and Chen Weixian},
title = {The Practical Dilemma and Improvement of the Pre-litigation Procedure of Procuratorial Environmental Public Interest Litigation},
journal = {Social Sciences},
volume = {10},
number = {6},
pages = {279-285},
doi = {10.11648/j.ss.20211006.14},
url = {https://doi.org/10.11648/j.ss.20211006.14},
eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20211006.14},
abstract = {The new era of environmental public interest litigation is a beautiful crystallization of the relationship between the maintenance of public interest and legal supervision in China. It is an extension of the legal supervision function assigned to the procuratorial organs by the Constitution, which can better promote national governance and safeguard the public interest of the environment. However, in practice, the imperfection of the system and extra-legal factors have induced various problems in the pre-litigation procedure of prosecutorial public interest litigation, such as the difficulty of social environmental organizations to file public interest litigation and the legitimacy of the procuratorial organs for the "performance of duties" of administrative organs. In order to further improve the pre-litigation procedure system of procuratorial environmental public interest litigation, firstly, it is clear that the focus lies on the principle of procuratorial humility according to law. Secondly, the civil public interest litigation needs to optimize the institutional arrangement of environmental protection organizationsin ecological environmental damage litigation, strengthen the linkage between procuratorial organs and social groups, and set up multiple administrative acts review standards for administrative public interest litigation, in order to help Chinese characteristics of procuratorial system of environmental public interest litigation in before litigation procedure of continuous development and improvement in practice.},
year = {2021}
}
TY - JOUR T1 - The Practical Dilemma and Improvement of the Pre-litigation Procedure of Procuratorial Environmental Public Interest Litigation AU - Gao Guilin AU - Chen Weixian Y1 - 2021/11/17 PY - 2021 N1 - https://doi.org/10.11648/j.ss.20211006.14 DO - 10.11648/j.ss.20211006.14 T2 - Social Sciences JF - Social Sciences JO - Social Sciences SP - 279 EP - 285 PB - Science Publishing Group SN - 2326-988X UR - https://doi.org/10.11648/j.ss.20211006.14 AB - The new era of environmental public interest litigation is a beautiful crystallization of the relationship between the maintenance of public interest and legal supervision in China. It is an extension of the legal supervision function assigned to the procuratorial organs by the Constitution, which can better promote national governance and safeguard the public interest of the environment. However, in practice, the imperfection of the system and extra-legal factors have induced various problems in the pre-litigation procedure of prosecutorial public interest litigation, such as the difficulty of social environmental organizations to file public interest litigation and the legitimacy of the procuratorial organs for the "performance of duties" of administrative organs. In order to further improve the pre-litigation procedure system of procuratorial environmental public interest litigation, firstly, it is clear that the focus lies on the principle of procuratorial humility according to law. Secondly, the civil public interest litigation needs to optimize the institutional arrangement of environmental protection organizationsin ecological environmental damage litigation, strengthen the linkage between procuratorial organs and social groups, and set up multiple administrative acts review standards for administrative public interest litigation, in order to help Chinese characteristics of procuratorial system of environmental public interest litigation in before litigation procedure of continuous development and improvement in practice. VL - 10 IS - 6 ER -
Information
Email: