关键词: 环境保护,民事公益诉讼,起诉权,人民检察院,环保社会组织

Abstract: China’s environmental civil public interest litigation system has allocated the sue right and formed a basic pattern, by which the two main subjects of the environmental protection social organizations and the people’s procuratorates at all levels have the right to initiate environmental civil public interest litigations. However, this allocation has two problems: firstly, the administrative law enforcement is not regarded as a pre-procedure for prosecution, leading to the arrogation of judicial power over the executive power; secondly, a sequence arrangement of prosecution right is set for the environmental protection social organizations and the people’s procuratorates, leading to the lagging behind of the time period of the environment civil public interests litigations. In order to solve these problems, we should reset the rights to prosecute in China’s environmental civil public interest litigations. On the one hand, we should reconstruct the relationship between judicial power and executive power, and introduce the prepositive procedures for administrative law enforcement appropriately; on the other hand, we should cancel the sequence arrangement of prosecution right for the environmental protection social organizations and the people’s procuratorates, so that both of them can file lawsuits independently.

Key words: environmental protection; civil environmental public interest litigation; right of litigation; people’s procuratorate; environmental protection social organization