论我国环境公益诉讼之构建

环境公益诉讼与传统的环境诉讼比较,诉权得到放宽,适格主体得到扩展,环境权益得到充分保护,为英美、大陆法系国家环境立法、司法广泛采用。在我国仍为传统的环境诉讼,与环境现实需求、理论发展、制度完善极不协调,亟需建立我国的环境公益诉讼制度。

On the Construction of the Environmental Suit for the Public Benefit

Compared with the traditional litigation of environment,the environmental suit of the public benefit has widened the public proceedings right,broke through the limit on plaintiff quality,extended the scope of the qualified person,and protected the environmental rights and benefits sufficiently.The new kind of suit has been widely adopted by environment,legislation and judicature of Anglo-American Law && Civil Law.But the traditional suit in Chinese suits laws blocks the development of environmental suit.It is out of line with demands of reality and theoretics's development and perfection of system.Thus it is urgent to set up the environmental suit of the public benefit in China.