生态检察权简论

On Ecological Prosecution Power

检察机关作为国家法律监督机关,在生态保护方面应如何发挥作用是一个重要问题。生态检察权的价值主要体现在有能力对抗环境污染破坏者,促使政府与法院对环境违法行为整治的重视,体现宪法赋予的法律监督职能。在工作内容上主要体现在提起或督促或支持环境公益诉讼,提出环境检察建议,参与环境影响评价,参与生态环境纠纷的调解、参与生态法治教育宣传等五个方面。

As an important state organ for legal supervision,how procuratorate function in ecological protection is a big question to us.Ecological prosecutorial power is how procuratorate charge its duties and give full play to judicial safeguard for ecological civilization construction.Compositionality with specialty,superposition with delaminating,blank with innovation coexist in ecological prosecutorial power.Compared with Environmental judicial authority,it is more initiative.Its value mainly reflects in these aspects,they are the ability against polluters,promotion in government and court＇s attention to environmental unlawful act and highlight in law supervision which is given by constitution.Ecological prosecutorial power is shown by the following aspects：institute or supervise or support environment public interests litigation,offer environment prosecutorial work proposal,take part in environment valuation,participate in ecological cases ＇conciliation and propagate education of ecological law.