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人民检察院虽不以提起环境公益诉讼为其主要职责,但是,依其法律监督职能,这一“后备”原告行使起诉权,不仅有利于及时防止、救治环境损害,还将为环境法治建设提供必不可少的司法监督力量。为维护环境公益,已有不少地方检察机关开展了环境公益诉讼实践,但由于我国法律尚未对人民检察院提起环境公益诉讼的职能做出明确规定,人民检察院针对环境公益诉讼的原告主体资格受到质疑。通过司法调研,可知当前人民检察院提起环境公益诉讼的难度不小。有鉴于此,对人民检察院提起环境公益诉讼的立法保障予以探讨。
Although the People’s Procuratorate does not take environmental public interest litigation as its main responsibility, according to its legal supervision function, the “backup” plaintiff’s exercise of the right of prosecution not only helps prevent and cure environmental damage in time, but also serves as a guideline for the development of environmental law and order Provide essential judicial supervision. In order to safeguard the environmental public welfare, many local procuratorates have carried out environmental public interest litigation practice. However, since our country’s law has not clearly stipulated the functions of public interest litigation filed by the People’s Procuratorate, the people’s procuratorate’s qualification as the plaintiff for environmental public interest litigation has been questioned . Judicial investigation shows that it is very difficult for the People’s Procuratorate to initiate environmental public interest litigation. In view of this, we will discuss the legislative guarantee for the People’s Procuratorate to bring environmental public interest litigation.