检察机关提起环境民事公益诉讼的现状反思及路径优化

Current Situation Reflection and Path Optimization of Environmental Civil Public Interest Litigation Brought by Procuratorial Organs

《宪法》赋予的法律监督职能和检察机关自身的专业优势决定了检察机关提起环境民事公益诉讼具有正当性和必要性。法院案例的实证研究和发达国家的立法例分析表明,我国检察机关提起环境民事公益诉讼存在角色定位不清、支持起诉依据不足、提起民事和行政公益诉讼顺位的规定不明确以及环境公益诉讼配套制度不完善等问题。随着我国监察制度改革的不断推进,进一步发挥公益诉讼检察职能将是检察机关加强自身建设的主要方向。目前,对检察机关提起环境民事公益诉讼进行系统、全面立法的条件已经成熟,应当尽快出台相关司法解释,并继续加强实践探索,建设配套制度,这对于加快生态文明体制改革,实现建设美丽中国发展战略意义重大。

The legal supervision function endowed by the constitution and the professional advantages of procuratorial organs themselves determine that it is legitimate and necessary for procuratorial organs to bring environmental civil public interest litigation.The empirical study of court cases and the analysis of legislative examples in developed countries show that there are some problems in the environmental civil public interest litigation brought by procuratorial organs in China,such as unclear role positioning,insufficient basis for supporting the prosecution,unclear provisions on the sequence of civil and administrative public interest litigation,and imperfect supporting system of environmental public interest litigation.With the continuous advancement of the supervision system reform in China,it will be the main direction for procuratorial organs to strengthen their own construction to further exert the procuratorial function of public interest litigation.At present,the conditions are ripe for systematic and comprehensive legislation on civil environmental public interest litigation brought by procuratorial organs.Relevant judicial interpretations should be issued as soon as possible,and further practice and exploration should be strengthened to build supporting systems,which is of great significance to accelerating the reform of ecological civilization system and realizing the development strategy of building a beautiful China.