论我国环境公益诉讼制度的构建——兼评《环境影响评价公众参与暂行办法》

A Study on Building up the System of Environmental Public Interests Suit——Also study on The Temporary Act of Environmental Impact Assessment of Public Participating

环境公益诉讼可以分为环境民事公益诉讼、环境行政公益诉讼、环境公诉。环境公益诉讼制度的构建应以《宪法》、《环境保护法》的规定为依据,通过确定诉讼原告、环境公益,对《民事诉讼法》、《行政诉讼法》等作适当修订,并结合一些相关诉讼制度,在实践中逐步进行。《环境影响评价公众参与暂行办法》因缺乏环境公益诉讼制度的规定,将直接影响其立法目的的实现和公众参与的主动性。

Environmental public interests suit can be divided into environmental public interests civil suit, executive suit and prosecution. To build up a system of environmental public interests suit, suitor and environmental public interests should be defined. According to Constitution as well as Environmental Protection Law, to revise The Civil Suit Law and The Erecutive Suit Law properly and combine with else suit systems, the system of environmental public interests suit can be build up in practice step by step. For The Temporary Act of Environmental Impact Assessment of Public Participating stipulates no article for environmental public interests suit, that will reduce its purpose to realize as well as activity of public participating.