检察机关提起环境行政公益诉讼:试点检视与制度完善

Environmental Administrative Public Interest Litigation Proposed by Procuratorates: pilot review and system perfection

环境行政公益诉讼已经成为检察机关提起公益诉讼的突破口和重点。试点工作开展以来,检察机关提起环境行政公益诉讼呈现出较好的发展态势,但也暴露出制度设计上的一些具体问题,比如案件来源比较单一、诉讼请求不够全面、成本负担尚不明确、二审抗诉有待厘清等。未来检察机关提起环境行政公益诉讼制度应从扩大解释"履行职责"、适时主张"损害赔偿"、建立"环境公益基金"以及明确"行政公诉人"身份等方面进行制度完善,以促使我国公益诉讼制度的健康成长和环境公共利益的真正维护。

Environmental administrative public interest litigation has become the breakthrough and key point in the public interest litigation proposed by procuratorates. Since the pilot work was carried out,the environmental administrative public interest litigation proposed by procuratorates shows a good trend of development,but exposed some problems on the design of the system at the same time. Such as the source of cases is relatively simple,the claim is not comprehensive,the cost burden is unfunded,and the trial of the protest has not been clarified. The future system perfection of environmental administrative public interest litigation proposed by procuratorates lies in expanding the interpretation of ＂duty＂,putting forward ＂compensation of damage＂,establishing ＂environmental public interest fund＂and defining the connotation of ＂administrative public prosecutor＂. After these we can promote the healthy growth of environmental public interest litigation system and real maintenance？ of environmental public interest.