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我国现阶段环境利益正面临严重威胁,而已有的诉讼制度对于环境保护已经有心无力,法律上规定的不明确,导致现实中环境公益诉讼主体缺失。根据我国目前的司法实践状况以及国外相关立法,本文认为应当尽快建立以检察机关为主导的环境公益诉讼模式,从而加强检察机关的法律监督职能,为环境保护提供司法保证。
At the present stage of our country, the environmental interests are facing a serious threat. However, the existing litigation system has been impotent to environmental protection and the legal stipulations are not clear, leading to the fact that the subject of environmental public interest litigation is lacking in reality. According to the current state of judicial practice in our country and relevant foreign legislation, this paper argues that an environmental litigation model based on procuratorial organs should be established as soon as possible so as to strengthen the legal supervision function of procuratorial organs and provide judicial guarantees for environmental protection.