检察机关提起环境公益诉讼的问题探究

Environmental Public Interest Litigation Problems Brought by Procuratorates

近年来,随着我国环境问题的日益凸显,各地环境污染事件频发。检察机关作为国家的法律监督机关,由其作为原告提起的环境公益诉讼案件已有多起,但由于我国立法以及检察机关的主体资格、角色定位等方面的局限性,使得检察机关在参与环境公益诉讼案件时主体地位不明、诉讼权利不清。基于当下的政治环境,结合检察机关的自身优势及其职能性质,我国检察机关已具备提起环境公益诉讼的条件,应在立法与相关程序方面不断予以完善。

In recent years, with China＇s growing environmental problems, environmental pollution incidents occurred everywhere. Procuratorial organ, as the legal supervision of state organs and the plaintiff, has filed several environmental public interest litigation, but because of the limitations of the qualification, the role of legislation and other aspects of the prosecution, procuratorial organ＇s dominant position is unknown, the litigation rights are unclear when participating in environmental public interest litigation. In current political environment, combining with the advantages of procuratorial organs and functional properties, the procuratorial organ in China has had the conditions of environmental public interest litigation, should constantly improve the legislation and the related program.