论检察机关作为环境公益诉讼原告的权力基础

Study of the Power Basis of Procuratorial Organ as the Plaintiff of Environmental Public Interest Litigation

虽然我国法律制度体系并没有相关规定,环境公益诉讼研究已经成为当今学界讨论的热点,其中,检察机关作为环境公益诉讼的适格性是争议焦点问题之一。不少学者基于检察机关的性质和任务以及我国的制度架构,认为检察机关不是提起环境公益诉讼的最佳主体。但是,从检察权的权力内涵、权力性质和功能预期上考察,它保护社会公益的属性为其提起环境公益诉讼形成了正当性基础。并且,检察机关作为原告提起环境公益诉讼,已经在陆续试点的环保法庭司法创新实践中得到肯定。

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.