我国环境公益诉讼立法问题的探讨

Research on Environment Public Welfare Lawsuit Legislation in China

通过对国外环境公益诉讼立法的考察、对我国立法现状的分析以及对我国立法可行性的研究,我国环境公益诉讼立法的条件已经成熟。我国应该借鉴各国的通行做法,同时立足本国实际;既要保障诉权的行使,又要规制诉权的滥用;环境行政公益诉讼要引入"禁令判决",还应当设立国家治理责任。

The national conditions on environment public welfare lawsuit legislation in China could be mature through the overseas environment public welfare lawsuit legislation inspection and the present situation analysis of the country as well as the feasible research on the country. China should profit from the American pattern, and the legislation must base on our country＇s reality. Both safeguarding the right of suit and limiting the rules and regulations right of suit abusing should be taken into account. The environment administration public welfare lawsuit must introduce ＂the prohibition rule decision＂, and should set up governance responsibilities of the country.