摘要
Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.
Although it is not the main duty for the People＇s Procu- ratorate to institute environmental public interest litigation proceedings, the existence of ＂reserve＂ prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People＇s Procuratorate instituting environmental public interest litigation, the plaintiff＇s subject qualification for environmental public interest litigation instituted by the People＇s Procuratorate is still in question. In order to propel the People＇s Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People＇s Procuratorate instituting environmental public interest litigation.
基金
Research program of Ministry of Justice on national constitutionality and juristic theory "Research on the Function and Legislative Support of the People's Procuratorates Instituting Environmental Public Interest Litigation"(Grant No.:09SFB3040)
supported by the people's procuratorate of Shandong in 2009 "The Legislative Research on the People's Procuratorates Instituting Environmental Public Interest Litigation"
