城市水污染案件办理困境及检察应对研究--从“牛奶河”案谈起

Research on the Difficulties in Handling Urban Water Pollution Cases and Prosecutorial Responses——Starting from the "Milk River" Case

当前,生态文明理念越来越深入人心,人民群众对于美好生态环境的需求日益增长,蓝天、碧水、净土保卫战全面打响,首都的大城市环境治理尤为受到关注。然而,实践中环境污染类案件特别是大气污染、水污染案件的办理中存在侦查取证难、因果关系认定难等诸多问题,给责任认定、案件办理以及受损环境后续生态修复等工作带来了较大的困扰。检察机关在办理城市水污染案件时要更多地关注行刑标准衔接、证据收集、检验鉴定等方面问题,并从刑事检察和公益诉讼检察的角度提出有针对性的污染防治建议,以进一步提升首都区域生态环境治理体系和治理能力现代化水平。

At present,the concept of ecological civilization has become more and more popular among the people,and the people's demand for a better ecological environment is growing day by day.The battle to protect the blue sky,clear water and pure land has been launched in an all-around way.The environmental governance of the capital's large cities is particularly concerned.However,in practice,there are many problems in the handling of environmental pollution cases,especially air pollution and water pollution cases,such as difficulty in investigation and evidence collection,difficulty in causal relationship determination,etc.,which have brought great troubles to responsibility determination,case handling and follow-up ecological restoration of damaged environment.When handling urban water pollution cases,Prosecutors should pay more attention to the execution standards convergence,evidence collection,inspection appraisal problems,and put forward targeted pollution prevention and control suggestions from the perspective of criminal prosecution and public interest litigation prosecution,to further promote the capital region ecological environment management system and management ability level of modernization.