诉请精准化提升环境检察公益诉讼治理效能研究--以1028件案件为分析样本

Research on Enhancing the Effectiveness of Environmental Procuratorial Public Interest Litigation through Precision Petitioning:A Study Based on 1028 Cases

诉请系将检察公益诉讼制度优势转化为治理效能的关键点。1028件环境检察公益诉讼案件之1751项诉请中,涵括了请求事项1890项,其中涉及修复责任的请求事项有693项,占比36.7%。法院判决全部支持的诉请事项为1863项,部分支持的为10项,完全没有支持的为17项,诉请事项全部支持率为98.6%。诉请中制约治理效能提升的问题在于:环境损害之预防功能缺失,行刑民责任之整体性考量欠缺,损害赔偿范围不周延,系统性修复关注不足,鉴定评估费用偏高。借鉴域外环境治理经验,基于比例原则及系统性修复理念,检察机关在提出诉请时,应前端预防和后端实质修复并重,对行刑民责任进行一体化评价,周延且清晰地界分赔偿范围。并基于生态系统之整体性来提出修复诉请,以简易模型和公式对环境损害进行量化评估,以诉请精准化助力环境检察公益诉讼治理效能之提升。

Appeals are the key to transforming the advantages of the procuratorial public interest litigation system into governance efficiency.The 1751 petitions in 1028 environmental prosecution public interest litigation cases covered 1890 claims,of which 693 were related to restoration liability,accounting for 36.7%.The court ruled that 1863 claims were fully supported,10 were partially supported,and 17 were not supported at all,with a total support rate of 98.6%.The problems restricting the improvement of governance efficiency in the appeal are:the lack of prevention function of environmental damage,the lack of overall consideration of civil liability,the lack of comprehensive scope of damage compensation,the lack of attention to systematic restoration,and the high cost of appraisal and assessment.Drawing on the experience of extraterritorial environmental governance,based on the principle of proportionality and the concept of systematic restoration,procuratorial organs should pay equal attention to front-end prevention and back-end substantive restoration when submitting a complaint,conduct an integrated evaluation of criminal and civil liability,and comprehensively and clearly delineate the scope of compensation.Based on the integrity of the ecosystem,the remediation claim is proposed,and the environmental damage is quantitatively assessed with simple models and formulas,so as to help improve the governance efficiency of environmental procuratorial public interest litigation with the accuracy of the complaint.