环保行政机关提起环境民事公诉辨析

Discrimination on Environmental Protection Administration Bringing Civil Public Prosecution of Environment

环保行政机关具有提起环境民事公诉的正当性基础,应该赋予其环境公益诉权。环保行政机关提起环境民事公诉应当满足一定的要件:以公益代表人的身份提起;管辖范围内环境公共利益受到侵害;运用环保管理行政权力不足以或不能保护环境公共利益;在提起环境民事公益诉讼之前已履行诉前通知义务。在环境民事公诉起诉主体的序列里,环保行政机关优于检察机关。环保行政机关的环境公益诉权和公众的环境公益诉权因一方行使而阻断另一方行使,但可通过诉讼参加制度保证环保行政机关和公众在通过诉讼手段维护环境公共利益时的沟通。

Environmental protection administration should be given the right to appeal of environmental public interest because it has tile base of legitimacy for bringing civil public prosecution of environment. That environmental protection administration brings civil public prosecution of environment should meet certain elements ： the identity of the public interest representative; environmental public interest within it＇ s jurisdiction are violated; the use of administrative power of environmental management is not enough to or can ＇ t protect the environmental public interest; the notice obligations before the prosecution has been fulfilled. In the sequence of subjects of prosecution of civil public prosecution of environment, environmental protection administrative is better than procuratorial organ. Right of appeal of environmental public interest of environmental protection administration and public is blocked each other due to one party to exercise. But communication between environmental protection administrative and public through litigation to protect the environmental public interest can be ensured by the system of litigation participation.