环境权诉讼刍议

On Environmental Right Lawsuit

环境权诉讼属于现代型诉讼的范畴,具有不同于传统型诉讼的特点,其调整的环境法律纠纷大多属于价值确认型纠纷。环境权诉讼大多属于预防性诉讼或禁止性诉讼,并非一种独立的诉讼类型与领域,可以采取复合诉讼的形式,原告资格往往作扩大化解释。在环境权诉讼中要求法官进行能动性的、创造性的司法。

Environmental right lawsuit,with characteristics different from those of traditional lawsuits,falls into the category of modern lawsuit,since the environmental legal disputes it mediates mostly involve value-confirmation.Mostly preventive lawsuit or prohibitive lawsuit,environmental law suit is far from an independent lawsuit category or field,so compound lawsuit may be adopted and plaintiff's qualification often explained extensively.Environmental right lawsuit demands the judge to carry out an initiative and creative justice.