我国环境诉讼的困境及原因剖析

Analysis of the plight of China's environment litigation and its reason

我国环境纠纷日益增多,但环境诉讼并未实现其维护社会正义、推动环境保护、促进环境立法的功能,其原因在于:公众环境诉讼意识和法律意识的相对较弱、环境诉讼难以及司法环境的影响,导致公众不寻求通过环境诉讼解决纠纷;司法独立的缺位导致法院难以公正审判环境纠纷案件;现阶段环境保护民间组织的法律地位限制了其在环境诉讼中的作用。

China has more and more environment disputes, however, environment litigation does not realize the function of protecting social justice, promoting environment protection and promoting environment legislation. The reasons for this are relatively weak public environment litigation consciousness and lawful consciousness, difficulty in environment litigation and relatively weak judicial environment to cause that the public does not use environment litigation to solve environment disputes. The shortage of judicial independence makes the courts difficult in fairly judging environment dispute cases. Present legal position of civil organizations of environment protection limits its role in environment litigation.