环境公益诉讼中检察机关调查取证权的适度强化

The Moderate Strengthening of Procuratorial Organs’ Right to Investigate and Collect Evidence in Environmental Public Interest Litigation

检察机关作为提起和支持环境公益诉讼的主体,解决了很多环境污染问题。由于强制性调查权的缺失,使其在环境公益诉讼实践中面临取证难的困境。为保证环境公益诉讼的顺利进行,应赋予检察机关部分强制性调查权,但同时也要进行必要限制,防止其滥用权利。

Procuratorial organs, as the main subject of environmental public interest litigation, has solved many environmental pollution problems and achieved fruitful results. However, as its investigation power is not compulsory, it is often faced with the dilemma of difficultly obtaining evidence in practice. In order to ensure the smooth progress of public interest litigation, it is necessary to give the procuratorial organs part of the compulsory investigation power, but at the same time, it is imperative to carry out necessary restrictions to prevent the abuse of power.