检察机关提起环境刑事附带民事公益诉讼的程序制度研究OACHSSCD

The overall number of cases related to environmental criminal incidental civil public interest litigation in prosecutorial public interest litigation is on the rise.However,in judicial practice,there are still some problems in the litigation such as the vacancy of the pre-litigation announcement procedure,the wanton operation of the litigation trial procedure and the obstruction of the auxiliary litigation proce-dure.The lack of relevant legal system reserves is the institutional cause of the poor operation of the pro-cedure,and the key reason is that the civil and criminal relations involved in such litigation have not been clarified at the theoretical research level.In view of the incompatibility between the three types of case handling modes of"civil before criminal","criminal before civil",and"parallel civil and crimi-nal"and the environmental criminal incidental civil public interest litigation,it is more reasonable and feasible to use"criminal-civil-criminal"as the case handling mode for such litigation.On this basis,the pre-litigation procedure for the prosecution of environmental criminal incidental civil public interest litigation is configured with"pre-litigation announcement proce-dure as the main and other pre-procedures as the supplement",and the prudence of initiating the pre-litigation procedure is emphasized.As far as the litigation trial procedure is concerned,it is necessary firstly to implement the precision of the litigation request from the two aspects of standardization and pro-cedural guarantee,secondly to construct a standard of proof with the characteristics of stage and inciden-tality,and to consolidate the burden of proof of"who advocates and who proves",so as to improve the proper and reasonable proof system of environmental criminal incidental civil public interest litigation.