环境民事公益诉讼的法律障碍及路径选择

环境公益纠纷是伴随社会发展必然出现的纠纷形式。为维护社会公益提供强有力的保障,如何解决环境公益纠纷已成为一项不容回避的挑战。环境民事公益诉讼的出现,既是诉讼法对其自身只顾及保护私人利益的狭隘性突破,也是对传统民事诉讼法律制度的超越。文章理性地分析了我国传统民事诉讼在排解环境公益纠纷上的程序障碍,以探求合理解决纠纷的路径选择。

Route Selection and the Legal Obstacle of the Environmental Civil Lawsuit of Public Welfare

The environmental dispute of public welfare accompanied with the social development appears inevitably. To offer strong guarantee for social public welfare, how to solve the environmental dispute of public welfare have become a challenge that can not be avoided. The appearance of the environmental civil lawsuit of public welfare is not only a break-through on procedural law which is absorbed in protecting private benefit, but also superion to the traditional civil law system. This passage have analysed reasonably the traditional civil lawsuit of our country in mediating the obstacle on the environmental dispute of public welfare, in order to pursue the route option.