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新修改的《民事诉讼法》及其司法解释在公益诉讼条款中并没有明确赋予检察机关享有公益诉讼的起诉资格。然而检察机关作为我国公权力的代表,拥有丰富的起诉经验,赋予检察机关提起环境公益诉讼的起诉资格具有重要的现实意义。尽管检察机关提起环境公益诉讼还存在着一些障碍,但是可以通过完善检察机关提起环境公益诉讼的制度设计,发挥其起诉主体的作用,更好地保障环境公共利益。
The newly revised “Civil Procedure Law” and its judicial interpretation in the terms of public interest litigation did not clearly grant prosecutors the right to prosecute public interest litigation. However, procuratorial organs, as the representative of public power in our country, have rich experience in prosecution and give the procuratorial organs the right to sue in environmental public interest litigation. Although procuratorial organs have some obstacles in bringing environmental public interest litigation, they can perfect the system design of environmental public interest litigation by prosecutorial organs, give play to the role of the subject of prosecution, and better protect the environmental public interests.