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The Procuratorial Public Interest Litigation System on Environmental Issues: Implementation Evaluation and Improvement Options (Special Issue, No.17, 2018)


By Chang Jiwen & Wu Ping, Research Institute of Resources and Environment Policies, and Sun Baomin, No.1 Branch Court of the People's Procuratorate of Beijing Municipality

Research Report, Special Issue, No.17, 2018 (Total 1584) 2018-7-23

Abstract: The procuratorial public interest litigation, especially the environmental public interest litigation system, is an important measure for procuratorial organs to participate in social governance. The establishment of this system has gone through a steady, orderly and efficient process of policy promotion, local experiments and legislative endorsement. The implementation of the system in the past three years tells us that procuratorial public interest litigation has become an important force in protecting the environment. The pattern of procuratorial public interest litigation with resources and environmental protection as its main task has taken shape. As a result, the number of lawsuits dealt with has been increased, the types of lawsuits have become diversified, the pre-lawsuit procedures have played a leading role, cross-regional lawsuits have become quite normal and remarkable results have been achieved. But it should be pointed out that the practical experience in various places shows that there are still some problems to be solved in the implementation of this system, such as imperfect legislative system, insufficient clue sources, and the lack of professional knowledge. Therefore, we should further promote the legislation of public interest litigation, establish a mechanism for normalizing clue sources, strengthen the cultivation of professional law workers, and enhance the application of science and technology in case handling, so that the procuratorial public interest litigation can play a greater role.

Key words: procuratorate, environmental public interest litigation, implementation evaluation, improvement options