我国环境民事公私益诉讼的并行与融合

当前，在我国法律体系内环境民事公私益诉讼采用了并行模式。并行模式关注于环境公共利益与私人利益的差异性，从而进行有针对性的利益维护。这虽然看似诉讼目的明确，符合环境权益救济需求，但其实际忽视了环境的整体性特征，不但不利于案件事实的梳理，而且容易造成司法资源的浪费甚至可能出现相互矛盾的裁判。面对并行模式存在的弊端，我国部分学者提出了强制合并、混合并存、另赋实体请求权、诉讼信托、诉讼担当等环境民事公私益诉讼的融合模式，上述模式分别从诉的合并和诉讼实施权融合两个方面对融合方式进行了探讨，但是其中仍存在当事人诉讼选择权忽视、公私益失衡以及责任重复认定等问题。随着生态文明建设的不断推进，人们对美好生活的需要促使更多的人开始关注环境质量，环境公益诉讼的数量日渐增多。基于环境问题的关联性、潜伏性特征以及环境侵害发生的阶段性机理，环境诉讼中环境公共利益与私人利益的交叉使得环境民事公私益诉讼的融合成为应然趋势。在尊重环境整体性特征的基础上，以追求环境公共利益与私人利益的平衡为原则，结合我国实际，以具备中国特色的检察制度作为枢纽，充分利用检察机关的监督权以及环境民事公益诉讼起诉权，构建环境民事公私益诉讼的新...

Parallel and integration of environmental civil public-private interest litigation in China

At present, the parallel mode of environmental civil public-private interest litigation is adopted in China''s legal system. The parallel model focuses on the difference between public and private interests of the environment so as to carry out targeted interest maintenance. Although it seems that the purpose of the lawsuit is clear and meets the needs of environmental rights and interests relief, it actually ignores the overall characteristics of the environment, not only is not conducive to sorting out the facts of the case, but also easy to cause the waste of judicial resources and even contradictory judgments. Facing the disadvantages of the parallel mode, some scholars in China put forward the fusion mode of compulsory merger, mixed coexistence, additional entity claim right, litigation trust, litigation responsibility of environmental civil public-private interest litigation. The fusion mode is discussed from the two aspects of litigation merger and litigation enforcement right fusion respectively. But there are still some problems, such as the neglect of the litigant''s right to choose, the imbalance of public and private interests and the repeated identification of responsibility. With the continuous progress of ecological civilization construction, people''s need for a better life prompts more people to pay attention to environmental quality, and the number of environmental public interest lawsuits is increasing day by day. Based on the correlation, latent characteristics of environmental problems and the staged mechanism of environmental infringement, the intersection of environmental public interest and private interest in environmental litigation makes the integration of environmental civil public-private interest litigation an inevitable trend. In respect for the integrity of environment, taking the balance of environmental public interest and private interest as the principle, combined with the reality of China, with the procuratorial system with Chinese characteristics as a hub, making full use of the supervision power and the environmental civil public interest litigation right of the procuratorial organs, to establish a new fusion model of environmental civil public-private interest litigation will be good for realizing the litigation purposes. The new integration model emphasizes the public interest litigation efficiency of procuratorial organs, strives to put forward public and private interest claims generated by the same fact in the same period of time, and hears them together according to the combination of lawsuits. Then, in the identification of responsibility, attention should be paid to the integration of public and private interest, so as to realize the fair distribution of responsibility. The new integration mode respects the litigant''s litigation rights, avoids the repeated identification of liability, saves litigation resources and improves litigation efficiency, which can be regarded as an ideal choice for environmental civil public-private interest litigation. Of course, this model is still in the preliminary stage of theory, and it needs to be constructed from the litigation system, supervision mechanism and cooperation in order to be truly practical, so as to lay a foundation for further research on environmental litigation.