环境民事公益诉讼关系四论

On the Four Important Relationships Involved in Environmental Civil Public Interest Litigation

近年来,我国环境民事公益诉讼在规则建构和实践探索上持续发展。未来在民事公益诉讼立法中,若要对环境民事公益诉讼制度进行体系化完善,须处理好四个方面的关系,包括环境民事公益诉讼与环境民事私益诉讼之间的请求权竞合关系、环境民事公益诉讼与环境行政执法、环境刑事诉讼之间的功能重叠关系、环境民事公益诉讼运作封闭性与认知开放性之间的并存与互动关系、环境民事公益诉讼的裁判性与管理性之间的相互平衡关系。以上四个方面的关系,既涉及到环境民事公益诉讼的性质、定位与外部协调性,也牵涉到环境民事公益诉讼的内部协调性和具体规则的科学构造,应予重视。

In recent years,China's environmental civil public interest litigation has continued to develop in terms of construction of rules and practical exploration.To improve the environmental civil public interest litigation system,there are four relationships that should be dealt with properly:the competing claims between the environmental civil public interest litigation and the environmental civil private interest litigation,the overlapping functions of the environmental civil public interest litigation,the environmental administrative law enforcement and the environmental criminal prosecution,and the coexisting and interacting relationship between the closedness of environmental civil public interest litigation and the openness of the cognition,as well as the check and balance between the adjudicative and administrative aspects of environmental civil public interest litigation.The relationship between the above four aspects involves not only the nature,positioning and external coordination of environmental civil public interest litigation,but also the internal coordination of environmental civil public interest litigation and the scientific construction of specific rules,and therefore should be emphasized.