生态环境建设中公益诉讼诉前检察建议的发展

The development of pre-litigation procuratorial proposals for public interest litigation in ecological environment construction

习近平生态文明思想,内涵丰富、论述深刻、逻辑严密、系统完备。国家治理体系主要指的就是我们党领导人民进行经济、政治、文化、生态文明和党的建设的各项制度及其机制运行,治理能力就是将这些制度转化成治理效能的一种能力,无论是治理体系,还是治理能力,它都是一个国家制度体系的集中体现,在国家生态文明治理过程中都具有非常重要的作用。这其中自然包括生态环境建设,而针对生态环境建设,公益诉讼已成为大势,对其诉前程序的研究也成为重中之重,我们不能将其视为检察机关权利的外延,也不能与预先审判同等对待。为了明晰诉前程序与其他程序的边界,需明确诉前程序的建构与发展。

Xi Jinping’s thought on ecological civilization is rich in connotation, profound in elaboration, rigorous in logic and complete in system. The national governance system mainly refers to various systems and mechanisms for people to carry out economic, political, cultural, ecological civilization and Party building under the leadership of the Chinese Communist Party. The governance capacity is the ability to transform these systems into governance effectiveness. Both the governance system and the governance capacity are the concentrated embodiment of a national system. They each play a very important role in the process of national ecological civilization governance which naturally includes ecological environment construction. As public interest litigation for ecological environment construction has become the general trend, the study of its pre-litigation procedure has become the top priority. We should not regard it as the extension of the rights of the procuratorial organ, nor can we treat it equally with pre-trial. In order to clarify the boundary between pre-litigation procedure and other procedures, it is necessary to clarify the construction and development of pre-litigation procedure.