检察机关提起环境公益诉讼之困境及解脱

Predicament and Solution of Procuratorial Organs Prosecuting Environmental Public Interest Litigation

2017年6月,我国《民事诉讼法》和《行政诉讼法》经过修订,赋予了人民检察院提起环境公益诉讼的权力,检察机关提起公益诉讼制度正式确立起来。从实践工作的具体情况来看,由检察机关提起环境公益诉讼在加强检察监督、促进依法行政、维护社会公益方面取得了较为良好的成效。但是当前环境公益诉讼中仍存在着检察机关诉讼地位不明、诉前程序不完善、案件来源单一等多方面的问题,亟待通过进一步的立法加以完善。

In June 2017,China’s Civil Procedure Law and Administrative Procedure Law were amended,giving the People’s Procuratorate the power to initiate environmental public interest litigation,and the public interest litigation system of procuratorial organs was formally established. From the specific situation of practical work,environmental public interest litigation initiated by procuratorial organs has achieved good results in strengthening procuratorial supervision,promoting administration according to law and safeguarding social public welfare. However,there are still many problems in the current environmental public interest litigation,such as the unclear status of procuratorial organs,imperfect pre-litigation procedures,single source of cases and so on,which need to be improved through further legislation.