论文部分内容阅读
目前我国环境公益诉讼实践中,检察机关介入的方式多种多样,但均存在着诸多局限因而难以充分发挥检察机关在环境公益诉讼中的作用。其中,直接起诉于法无据,督促起诉和支持起诉有赖相关主体的配合,抗诉和附带民事诉讼则适用范围有限。同时,诸多介入方式还存在系统性和规范性的欠缺,又受到环境公益诉讼制度缺失和检察监督职能的局限。
At present, there are many ways in which the procuratorial organs intervene in the practice of environmental public interest litigation in our country, but there are many limitations that make it difficult to give full play to the role of procuratorial organs in environmental public interest litigation. Among them, the direct prosecution of lawless basis, to urge the prosecution and support the prosecution depends on the cooperation of the relevant subjects, protest and incidental civil action is limited scope of application. At the same time, many intervention methods still exist systemic and normative defects, but also by the lack of environmental public interest litigation system and prosecutorial oversight limitations.