Although there are no relevant provisions in China's legal system, environmental public interest litigation has now become a hot topic in academic circles, among which, whether the procuratorial organ can be the plaintiff of environmental public interest litigation is the focal point of controversy. Based on the nature and task of procuratorial organ and China's system frame, many scholars believe that procuratorial organ is not the best subject of environmental public interest litigation. On the basis of examining the connotation, nature and expected function Of its prosecutorial power, however, its nature of realization of public interests determines that it has the legitimacy basis when procuratorial organ works as the plaintiff Of environmental public interest litigation. And procuratorial organ as the plaintiff of environmental public interest litigation has gradually been accepted in the Judicial practice and innovation Of environment protection courts.