Research on the role of the procuratorate in the ecological environmental damage compensation system
In the ecological environment damage compensation system,based on its special functional positio-ning,the procuratorate can file environmental administrative public interest litigation as a plaintiff to supervise the compensation claim of the administrative agency as the compensation right holder;it can also participate in the ec-ological environment damage compensation litigation by supporting the prosecution,giving play to the functional advantages that other subjects do not have.At present,due to the lack of clear and specific normative basis for the applicable boundaries between the procuratorate's support for prosecution and legal supervision,the procuratorate faces a role dilemma in judicial practice.Ecological environment damage compensation is a new type of adminis-trative law enforcement method.Based on the theory of deliberative administration,as a supervisory agency,the procuratorate can only initiate the support prosecution procedure when the administrative agency has exhausted administrative means to claim compensation and is ineffective;the procuratorate can also file environmental ad-ministrative public interest litigation at an appropriate time to supervise the compensation right holder's perform-ance of duties in accordance with the law by means of litigation.Combined with the current implementation status of China's ecological environment damage compensation system,a detailed consideration of the basis and path for the procuratorate to perform its duties in accordance with the law can further strengthen the procuratorate's le-gal supervision function and promote the realization of"Chinese-style modernization"of harmonious coexistence between human and nature.
compensation for ecological environmental damageprocuratoratesupport for prosecutionlegal su-pervision
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