论预防性检察环境行政公益诉讼的制度确立与具体推进

Discussion about the System Establishment and Specific Promotion of Prevention-Based Inspection Environment Administrative Public Welfare Lawsuit

我国行政机关在执法层面存在履职不到位的问题,针对由此造成的环境问题,事前预防远比事后救济更为重要。对此,检察机关应切实发挥其监督职能和诉讼职能,秉持"风险预防原则"的理念提起预防性环境行政公益诉讼。检察机关在提起此类型诉讼时面临法律依据空白、救济对象难以认定、预防性责任承担方式匮乏等问题,基于实践需要,需明确检察机关提起预防性环境行政公益诉讼的诉求,规定法律依据,构建程序保障机制,以及探索预防性责任承担方式等举措。

The administrative organs in our country exist the problems of not strictly performing obligations on the aspect of law enforcement,targeting to the environmental problems caused by this,preventing in advance plays a more important role than rescuing afterwards,as for this,the procuratorial organ should faithfully perform its supervision function and lawsuit function,adheres to the concept of“risks prevention principles”to file the prevention-based environmental administrative public welfare lawsuit.When filing such a kind of lawsuit,the procuratorial organ is faced with the issues of blank law basis,being hard to identify the rescuing objective,lack of undertaking ways for the prevention-based obligations,etc.Based on the requirements of practice,there is a need for coming up with the measurements of identifying the appeal points when the procuratorial organ filing the prevention-based environmental administrative public welfare lawsuit,regulating law basis,constructing procedures assurance system,exploring the undertaking way for the prevention-based obligations,etc.