浅谈我国检察机关环境公益诉讼制度的构建
发布时间：2018-08-31 18:31
【摘要】：由于我国立法上的缺失,面对日趋严峻的环境污染形势以及大量破坏自然环境与资源事件的发生,传统的环境诉讼已远远不能适应环境公益保护的需求,而检察机关亦难以以提起公益诉讼的方式来有效维护。大陆法系、英美法系和前苏联等社会主义国家相继建立了检察机关提起环境公益诉讼制度,为我国提供了有益的借鉴；我国检察机关办理了一些国有资产流失案件也积累了很多检察机关提起环境公益诉讼的实践经验。通过对国外立法和我国实践的考察,实证分析检察机关提起环境公益诉讼的理依据论、法律依据和现实依据,得出现阶段检察机关作为国家公益的当然代表,较之普通公民、环保组织或是环境行政管理机关提起环境公益诉讼更具有制度上的优越性,同时也更具有司法层面上的可操作性。为缓解我国日益严峻的环境问题,我国应尽早赋予检察机关提起环境公益诉讼的权力,并通过对现行法律的修改,建立一整套切实可行的检察机关提起环境公益诉讼制度。这样不仅顺应了世界的环保法治发展的潮流,也适应了我国加入WTO的需要,体现了环境保护上的公平、正义原则,使检察机关在保护环境公益方面发挥其应有的作用。
[Abstract]:Due to the lack of legislation in our country, facing the increasingly severe environmental pollution situation and the occurrence of a large number of natural environment and resource destruction events, the traditional environmental litigation has been far from meeting the needs of environmental public welfare protection. And the procuratorial organ also difficult to bring the public interest lawsuit way to maintain effectively. The civil law system, the common law system and the former Soviet Union and other socialist countries have established the system of environmental public interest litigation by the procuratorial organ, which provides a useful reference for our country. The procuratorial organs of our country have handled some cases of the loss of state assets and accumulated the practical experience of filing environmental public interest litigation by many procuratorial organs. Based on the investigation of foreign legislation and our country's practice, this paper empirically analyzes the rationale, legal basis and practical basis of procuratorial organs in bringing environmental public interest litigation, and draws a conclusion that procuratorial organs are the natural representatives of national public welfare at the present stage, compared with ordinary citizens. Environmental protection organizations or environmental administrative agencies have more institutional advantages and judicial maneuverability to file environmental public interest litigation. In order to alleviate our country's increasingly severe environmental problems, our country should give procuratorial organs the power to initiate environmental public interest litigation as soon as possible, and establish a set of feasible procuratorial organs' environmental public interest litigation system by modifying the existing laws. This not only conforms to the trend of the development of environmental protection and the rule of law in the world, but also adapts to the needs of China's entry into the WTO, embodies the principles of fairness and justice in environmental protection, and makes the procuratorial organ play its due role in protecting the environmental public good.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.3;D922.68;D925
本文编号：2215807
[Abstract]:Due to the lack of legislation in our country, facing the increasingly severe environmental pollution situation and the occurrence of a large number of natural environment and resource destruction events, the traditional environmental litigation has been far from meeting the needs of environmental public welfare protection. And the procuratorial organ also difficult to bring the public interest lawsuit way to maintain effectively. The civil law system, the common law system and the former Soviet Union and other socialist countries have established the system of environmental public interest litigation by the procuratorial organ, which provides a useful reference for our country. The procuratorial organs of our country have handled some cases of the loss of state assets and accumulated the practical experience of filing environmental public interest litigation by many procuratorial organs. Based on the investigation of foreign legislation and our country's practice, this paper empirically analyzes the rationale, legal basis and practical basis of procuratorial organs in bringing environmental public interest litigation, and draws a conclusion that procuratorial organs are the natural representatives of national public welfare at the present stage, compared with ordinary citizens. Environmental protection organizations or environmental administrative agencies have more institutional advantages and judicial maneuverability to file environmental public interest litigation. In order to alleviate our country's increasingly severe environmental problems, our country should give procuratorial organs the power to initiate environmental public interest litigation as soon as possible, and establish a set of feasible procuratorial organs' environmental public interest litigation system by modifying the existing laws. This not only conforms to the trend of the development of environmental protection and the rule of law in the world, but also adapts to the needs of China's entry into the WTO, embodies the principles of fairness and justice in environmental protection, and makes the procuratorial organ play its due role in protecting the environmental public good.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D926.3;D922.68;D925
【引证文献】
相关期刊论文 前1条
1 赵婕;杨冰;;检察机关参与环境公益诉讼程序设计[J];安徽警官职业学院学报;2013年05期
相关硕士学位论文 前2条
1 范振斌;环境公益诉讼制度研究[D];复旦大学;2011年
2 石阳;检察院提起环境公益诉讼的法律问题研究[D];西北民族大学;2012年
，本文编号：2215807
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