环境公益诉讼动力不足对策研究

在环境污染事件频发的背景下,我国对环境公益诉讼作出了一系列探索,但实施效果与当初预期还有相当差距,动力不足是重要表现之一.深层原因主要有法律制度不健全、法院受理公益诉讼案件保守、法官排斥环境公益诉讼案件、案件成本制约公益诉讼、公众参与沦为空话等.因此,必须从完善实体法、构建系统的环境诉讼程序机制、改革环保法庭体系设置、鼓励公众参与等方面提出对策建议,以健全公益诉讼基本理论作为推动力,将司法实践上的松绑作为混合动力,将公众参与作为根本和持久动力,构建完善的环境公益诉讼动力机制,摆脱环境公益诉讼动力不足的局面.

Countermeasures for the Lacking of Impetus for Environmental Public Litigation

Under the background of frequently occurred environmental pollution, China has made a series of researches on environmental public interest litigation. However, there is still a considerable gap between the implementation effect and the expected result, lacking of impetus being one of the important manifestations. The underlying reasons are listed as follows: the legal system is not perfect; the court is reluctant to accept the public interest litigation cases; judges dislike such cases; the cost limits the litigation; and public participation becomes empty words. Thus, we must put forward countermeasures and suggestions from the following aspects, such as, complementing the substantial law of environmental public interest litigation, setting up a systematic procedure mechanism of environmental public interest litigation, reforming the system setup of environmental courts and tribunals and encouraging the public participation. Moreover, we should regard improving the basic theory of the public interest litigation as driving force, take the easing of judicial practice as hybrid power, and consider the public participation as fundamental force, so as to establish a systematic environment public litigation dynamic mechanism and get out of the impetus lacking predicament.