检察机关在环境公益诉讼中的职能研究--以公益诉讼专门制度的构建与实施为视角

Research on the Function of the Procuratorial Rgan in the Environmental Public Interest Litigation——In the perspective of how to establish and implement a special public interest litigation system

检察机关在环境公益诉讼中如何履行法律监督职能,必须以专门的公益诉讼法律制度之建立为基础。公益诉讼不同于公诉,与后者不能有任何交叉和混同,是一个专门概念,是公民和民间机构为社会群体的公共利益而提起的诉讼。检察机关不宜直接充当原告作为公益诉讼的提起人,来发动公益诉讼,应该依照宪法和法律的规定,作为参与者在公益诉讼中履行法律监督职能。在环境公益诉讼的不同程序类型中,检察机关介入的角色是不同的,定位是有区别的,职能也是分别具体的而不是笼统的。

First of all,a special public interest litigation system should be established,only on this basis can the procuratorial organ carry out its legal supervision function. It ＇ s important not to confuse the public interest litigation with the public prosecution;those two are very different from each other. Because the former is a special concept,it means the lawsuit filed by citizens and non-governmental organizations when public advantage is invaded. Procuratorial organs should not serve as the plaintiff who acts as public interest litigation filed to launch a public interest litigation,it can only act in accordance with the provisions of the constitution and the law or act as a participant in the public welfare lawsuit to make the legal supervision function come true. In the different types of programs of environmental public interest litigation,the role and the position of the procuratorial organ is different,there is a difference between function and it is specific rather than general respectively.