环境行政公益诉讼中检察权行使的范围研究

The Boundaries of Procuratorial Power Exercise in Environmental Administrative Public Interest Litigation

摘要: 近年来，我国大力推行的环境行政公益诉讼在一定程度上有效平衡环境责任和政府履职关系，这主要得益于检察机关的政治地位、相对自主性，以及广泛的资源。但从长远来看，由于生态环境修复案件的长期性、复杂性，环境行政公益诉讼中出现行政权与检察权适用范围重叠、检察权范围模糊等问题。因此，需要引入谦抑性原则明晰环境行政公益诉讼中检察权行使的范围，发挥诉前磋商和检察建议的柔性教育和刚性督促作用，并将诉讼阶段作为最严救济手段，突出典型案例的社会影响，最后，建立长效监督机制，加强诉后检察机关与人大、监察机关的联动，落实“回头看”效果。

Abstract: In recent years, China has vigorously promoted public interest litigation by procuratorial organs. This type of litigation has effectively balanced environmental accountability and government relations to a certain extent, primarily due to the political status of the procuratorial organs, their relative autonomy, and extensive resources. However, in the long term, given the protracted and complex nature of ecological restoration cases, issues have arisen in environmental administrative public interest litigation, such as overlapping jurisdictions between administrative and procuratorial powers, and unclear boundaries of procuratorial authority. Therefore, it is necessary to introduce the principle of restraint to clarify the limits of the exercise of procuratorial power in environmental administrative public interest litigation, to leverage the flexible educational and stringent supervisory roles of pre-litigation consultations and procuratorial recommendations, and to treat the litigation phase as the strictest relief measure. Highlighting the social impact of exemplary cases, finally, a long-term supervision mechanism should be established to strengthen post-litigation coordination between procuratorial organs and the people’s congresses and supervisory bodies, ensuring the effectiveness of “look back” measures.