浅谈我国环境公益诉讼制度的构建

基于环境权理论的发展和环境公共利益受到侵害却得不到保护的现实,我国应该构建环境公益诉讼制度。通过借鉴不同国家的环境公益诉讼制度,并结合我国的国情,我国应该在实体法上进一步明确环境诉讼权利,并通过修改民事诉讼法和行政诉讼法,拓宽环境公益诉讼原告范围,在环境基本法中具体确定提起环境民事公益诉讼与环境行政公益诉讼的主体,同时应将环境抽象行政行为纳入环境行政公益诉讼受案范围,并对环境公益诉讼的诉讼费用作出合理安排。

On the establishment of public interest litigation system for environment

For the reality that there is no protection or compensation for public interest damage of environment in China,public interest litigation system for environment should be established.Taking experiences of other countries combined with present situation of China,we should ensure the right of environmental litigation in material law and extend the limits of the plaintiff of environmental public interest litigation by amending procedure law.Moreover we should make it clear that who the concrete plaintiff is in civil and administrative public interest litigation for environment.Furthermore abstract administrative act should be examined in administrative public interest litigation for environment.Litigation cost also is needed to be arranged rationally