중국검찰의 환경행정공익소송의 참여와 발전동향에 관한 연구

Abstract

Chinese procuratorial organs exercise the power of legal supervision in accordance with the constitution.Now, by law,Procuratorial organs can participate in public interest litigation while exercising general procuratorial power.From 2015 to 2017, through two years of experimental public interest litigation, China can ba reconfirmed the great influence of procuratorial organs in environmental public interest protection.On June 27, 2017, the environmental litigation law was changed, Paragraph 4 and chapter 25 clearly stipulates that procuratorial organs can participate in administrative public interest litigation(Litigation involving related ecological environment protection and resource protection).Therefore, when the procuratorial organ finds that the environmental public welfare is infringed by the behavior of the administrative organ, it should bring the environmental administrative public welfare lawsuit to protect the environmental public welfare.Environmental administrative public interest litigation is a part of the supervision of administrative power in the procuratorial power, but its provisions are based on the premise of "when the procurator finds out in the performance of official business", in order to actively participate in environmental administrative public interest litigation to protect environmental public interest.Nowadays, the participation of environmental administrative public interest litigation of procuratorial organs is carried out nationwide, and a special public interest litigation Department has been set up through the internal reform of procuratorial system,At the same time, the prosecutors who participate in the public interest litigation are also trained. Local legislative, administrative and judicial organs are also working together to protect environmental public welfare.In order to protect the ecological environment and resources, and for a better environment, it is expected that the role of prosecution will become increasingly powerful.