环境公益诉讼制度的运行困境与破解之道

“美丽中国”已然凝入中国梦的远大图景,但“一面是令人瞩目的经济增长奇迹,一面却是令人胆寒的环境污染惨剧”的矛盾依旧严峻。作为对环境保护现实需求的立法回应,2015年《环境保护法》及《最高人民法院关于审理环境民事公益诉讼案件适用法律若干问题的解释》在既有规制基础上进一步对环境公益诉讼制度的诉权主体予以明确,对诉讼范围予以拓展。然而,受制于一系列“原则规制”,其依然面临诸多困境。因此,清晰界定当前环境公益诉讼的问题与挑战,探寻环境公益诉讼由可能向现实转变的破解之道,成为当前理论研究和司法实践的首要任务。

Dilemma and solution of litigation system of environmental public interest

“Beautiful China” has already become one part of Chinese Dream, however, the contradiction is still grim of “rapid economic growth miracle that attract people’s attention on one hand, and environment pollution disaster that terrified people on the other”. As the legislation response to the actual demand of environment protection, the Environment Protection Law and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation came into effect in 2015, which further clarify the subject of litigation and widen the range of jurisdiction of litigation system of environmental public interest based on existing institutions. But it is still facing many difficulties enslaved to a series of “principle regulations”. It becomes the first task of theoretical research and judicial practice nowadays to clearly define the problems and challenges of current litigation of environmental public interest, and explore the solution from possibility to reality of litigation of environmental public interest.