检察机关参与环境公益诉讼程序设计

On Procuratorial Organ Participating in Designing the Programe of Environmental Public Litigation

新修订的《民事诉讼法》第55条将对污染环境行为提起诉讼这一内容正式纳入,为环境公益诉讼的提起提供了法律依据,但并未明确界定提起的主体。从检察机关参与环境公益诉讼的必要性及可行性入手,建立并完善检察机关参与环境公益诉讼的具体程序及检察机关自身机制,可为具体的实践操作提供参考。

In newly revised Civil Procedural Law, No.55 article has formally adapted the environmental pollution behavior into the law, which has provided a legal basis for the environmental public interest litigation, but did not clearly define the main body of the litigation. This article, from the necessity and feasibility of the procuratorial organs participating in the environmental public interest litigation, puts forword a specific program design and the establishment and perfection of the mechanism of the procuratorial organ itself so as to provide reference for the practice.