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环境民事公益诉讼在我国起步较晚,根据现有法律规定,环保组织是环境民事公益诉讼的适格原告,而检察机关只有提供法律咨询,提交书面意见以及协助调查取证的权力。但因缺失详细操作细则,致使检察机关在行使权力时深受限制。现实中,环境民事公益诉讼需要强有力的原告提出,才能与污染环境的被告进行对抗,因此检察机关应该在目前法律的基础上,积极作为,深度介入环境民事公益诉讼。
Environmental civil public interest litigation started relatively late in our country. According to the existing laws and regulations, the environmental protection organization is a qualified plaintiff in environmental public interest litigation. The procuratorial organ only has the power to provide legal advice, submit written opinions and assist in the investigation and evidence collection. However, due to the lack of detailed rules of operation, procuratorial organs have been severely restricted in exercising their powers. In reality, the environmental public interest litigation needs powerful plaintiffs to put forward to confront the defendant who pollutes the environment. Therefore, on the basis of the current law, the procuratorial organs should take the active and deep involvement in environmental civil public interest litigation.