生态环境检察监督的转型面向:法理基础与规范逻辑

The Transformational Orientation of Procuratorial Supervision over Ecological Environment:Juridical Basis and Normative Logic

改革开放以来,中国创造了举世瞩目的"世界奇迹",同时也积累了大量的生态环境问题,如何建构以检察监督为中心的生态环境保护机制是关键。新时代生态环境检察监督的法理正当性以生态文明、正当程序、程序公开、程序理性和遵循生态司法规律为基础。通过影响性生态环境诉讼案件分析可窥见,检察监督失灵是导致生态环境污染的重要原因,而检察监督乏力的深层逻辑在于规范缺失、地方保护主义等。建构以检察监督为中心的生态环境保护机制,有必要明确检察机关在生态环境监督中的权与责,采取全程监督与重点监督相结合的常态化机制,组建以检察监督为主导、多元主体辅助的监督体系,应当为迈向生态文明踏出坚实一步。

Since the reform and opening up, China has created the "world miracle" that attracts worldwide attention. At the same time, there are also a large number of ecological and environmental problems accumulated. How to build an ecological and environmental protection mechanism centered on procuratorial supervision is the key to solving these problems. The juridical legitimacy of the procuratorial supervision over the ecological environment in the new era is based on ecological civilization, due process, open procedures, procedural rationality, and compliance with the law of ecological justice. Through the analysis of high-profile litigation cases concerning ecological environment, it can be seen that the malfunction of procuratorial supervision is an important reason for ecological and environmental pollution, and the deep logic of weakness in the procuratorial supervision lies in the absence of norms, local protectionism and so on. In order to establish a mechanism of ecological environmental protection centered on procuratorial supervision, it is necessary to clarify the powers and responsibilities of the procuratorial organs in the supervision of the ecological environment, to adopt a regular mechanism with a combination of whole-process supervision and key-spot supervision, and to establish a supervision system led by the procuratorial supervision and supported by pluralistic subjects, in the hope of taking a solid step towards ecological civilization.