环境行政公益诉讼诉前程序价值的实现

Realization of the Value of Procedures in Environmental Administrative Public Interest Litigation

检察院提起环境行政公益诉讼是保护环境公益的有效途径,符合当下我国社会和法治的需要。但是环境行政公益诉讼的前置程序,即检察建议制度仍然存在一定的问题。检察建议的合理性、检察建议履行行为的标准及评价制度的缺失等,导致该制度在实践中出现了价值偏差。通过对检察权与监察权概念及性质的界定,提出通过监察权与检察权二者权力互补这一途径,解决当前环境行政公益诉讼中检察建议在实践中出现的亟待解决的问题。

The procuratorate's introduction of environmental administrative public interest litiga- tion is an effective way to protect environmental public welfare and can meet the needs of today's society and the rule of law. However, the prerocedure of environmental administrative public interest litigation, that is, the prosecutorial suggestion system still had certain problems, which lead to the value deviation of the system in practice. This article mainly proposed the complementary powers of supervision power and procuratorial power by defining the concept and nature of procuratorial power and supervision power, and to solve the problems that need to be solved in practice in the current environmental administrative public interest litigation.