检察机关提起环境公益诉讼的困境与完善——以《人民检察院提起公益诉讼试点工作实施办法》为蓝本

Predicament and Improvement of Procuratorial Organs Prosecuting Environmental Public Interest Litigation——Based on“Measures for the Implementation of the Pilot Work of Public Interest Litigation Filed by the Procuratorial Organs”

检察机关提起环境公益诉讼具有一定的优势,这种诉讼方式既符合我国司法实务发展的需要,又是国外司法实践中的普遍之举。全国人大常委会已经明确授权部分地区检察机关提起公益诉讼,但司法实践中仍然面临着诸多障碍。在开展公益诉讼试点工作的基础上,应该明确"公益诉讼"的含义和法律依据,把"生态破坏"案件纳入公益诉讼范围并进一步扩大案件范围,从内、外两个方面扩展案件线索来源,分配和完善检察机关的举证责任,强化其调查取证权,同时又赋予检察机关有限度的处分权,并对检察机关撤诉等权利进行严格限制。

The environmental public interest litigation brought by procuratorial organs has certain advantages,for it not only meets the needs of China＇s judicial practice, but also accords with the development trend of foreign countries. Although the Standing Committee of the National People＇s Congress has authorized some procuratorial organs to file the public interest litigation, in practice it is still faced with the obstacles. On the basis of experimental work on public interest litigation, we should clarify the meaning of ＂public interest litigation＂ and legal basis, expand it to include ＂environmental damage＂ cases and increase clue source from within and without, distribute and improve the proof burden of procuratorial organs, strengthen their right of investigation, give them limited right of dispositions and strictly limit their withdrawal rights.