检察机关提起环境行政公益诉讼诉前程序研究

Research on the Procedures Before Conducting Prosecution on the Environmental Administrative Public Interest by the Prosecuting Department

2017年新修订的《行政诉讼法》对检察机关在提起环境行政公益诉讼之前必须先行适用诉前程序作出了明确规定。从过去两年检察机关提起公益诉讼试点工作和目前适用行政公益诉讼诉前程序情况来看,诉前程序有效解决了大部分的环境行政公益诉讼案件。环境行政公益诉讼诉前程序的适用不仅可以督促行政机关依法履职,而且还有利于提高司法效率,但在实践运用中也存在检察机关案件线索来源单一、检察建议形式化、行政机关履职标准与责任不明确等问题。明确阐述“公益诉讼起诉人”的含义,对“履行职责”作扩大化解释,细化诉前程序的相关规定,理清行政机关履职标准和法律责任,有利于提高诉前程序规定的实用价值。

It was clearly specified in the“Law of Executive Accusation”newly revised in 2017 that the prosecuting department must abide by the procedures before conducting prosecution on the environmental administrative public interest.In terms of the piloting work of conducting prosecution on the public interest by the prosecuting department as well as the procedures before conducting prosecution on the environmental administrative public interest in the past two years,procedures before conducting prosecution have solved most of the cases related to environmental administrative public interest.Procedures before conducting prosecution on environmental administrative public interest play the role in supervising administrative departments to perform their duties according to the law and enhance the judicial efficiency.At the same time there are still some problems as single source of case clues for prosecuting department,formalization of prosecuting suggestions,unclear standards and responsibilities for administrative department to perform the duties and so on.Reasonable elaborating on the“prosecutor in public interest prosecution”,expanding the source of case clues for prosecuting department,specifying the relevant regulations on procedures before conducting prosecution,clarifying the standards and responsibilities for administrative department to perform the duties are conductive to improve the practical values of procedures before conducting prosecution.