论文部分内容阅读
公益诉讼,通常是指组织或者个人针对损害国家、社会或者不特定多数人利益的行为,向法院提出指控,并提请法院追究相应法律责任的诉讼活动。例如,环保组织为了保护公共环境利益,制止危害环境的行为提起的诉讼,即属环境公益诉讼,相对于公民和法人为其自身利益而提起的“私诉”而言,它具有公诉的特性。环境公益诉讼的出现,是我国公众环境意识觉醒和司法进步的表现。环境民事公诉,是环境公益诉讼的新发展,特指由国家公诉机关即检察院为保护公共环境利益,针对环境违法行为提起的公益诉讼。作为一种新的环境诉讼形式,值得关注和探讨。
Public interest litigation usually refers to an organization or individual conducting allegations against the court and challenging the courts for legal proceedings for litigation against the interests of the state, the society or the unspecified majority. For example, environmental protection organizations in order to protect the interests of the public environment and put an end to environmental lawsuits filed suit, that is, environmental public interest litigation, as opposed to citizens and legal persons for their own interests in the “private prosecution”, it has a prosecutorial characteristics. The emergence of environmental public interest litigation is the manifestation of the awakening of public environmental awareness and judicial progress in our country. Environmental civil prosecution, is the new development of environmental public interest litigation, especially by the state public prosecution or procuratorates to protect the interests of the public environment, environmental lawsuits filed against public interest litigation. As a new form of environmental litigation, it deserves our attention and discussion.