检察环境行政公益诉讼:立法变迁与司法抉择

Environmental Administrative Public Interest Litigation of Prosecutorial Organs:Legislative Change and Judicial Choice

环境行政公益诉讼孕育于环境公益诉讼立法进程中,最终在行政诉讼法中正式确立,检察机关提起环境行政公益诉讼的主体资格也随之法定化。检察环境行政公益诉讼制度具有来源的规定性、基础的公益性、对象的专门性、原因的危害性和程序的前置性等特点。为了全面落实推进公益诉讼制度、有效保护生态环境,司法应针对其特殊性,通过高扬环境法益、拓展案件来源和衔接诉前程序等路径,大力提倡检察环境行政公益诉讼。

Environmental administrative public interest litigation was conceived in the legislative process of environmental public interest litigation, and was finally established in administrative litigation law. Therefore procuratorial organs were qualified in instituting environmental public interest litigation. Procuratorial environmental administrative public interest litigation system has the following characteristics： stipulation of the source, public welfare of the basic, specialization of the object, harmfulness of the reasons and the pre-process of the procedure etc. We need to advocate procuratorial environmental administrative public interest litigation by elevating the environmental legal benefits, expanding the sources of cases, and adhering to pre-litigation procedures for the promotion of public interest litigation and protect the ecological environment.