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环境公益诉讼从诞生之日起就受到理论与实务界的广泛关注,特别是检察院作为原告基于社会公共利益提起环境公益诉讼。本文从环境公益诉讼的基本理念出发,探析检察院提起公益诉讼之法律基础与实践经验,在结合部分域内外实践经验的基础之上,合理分析环境公益诉讼和环境私益诉讼的并存及检察院在环境公益诉讼中的角色定位问题,以期对检察院提起环境公益诉讼制度的构建及完善有所裨益。
Environmental public interest litigation has drawn wide attention from theory and practice since its birth, especially the procuratorate as the plaintiff filed an environmental public interest lawsuit based on the public interest. Based on the basic idea of environmental public interest litigation, this paper analyzes the legal basis and practical experience of public prosecutor’s office when it comes to public interest litigation. Based on the combination of practical experience both inside and outside some jurisdictions, this paper analyzes the coexistence of environmental public interest litigation and environmental private litigation, The role of the lawsuit positioning, with a view to procuratorate filed environmental public interest litigation system construction and improvement of some benefit.