从秸秆焚烧看我国环境民事公益诉讼制度的缺失

Study on the Deficiency of Environmental Civil Lawsuit System for Public Welfare in China from the View of Straw Burning

从实体法和程序法方面分析了我国现行立法中环境民事公益诉讼规定的缺失,从创设环境权、放宽原告的起诉资格、扩大环境民事公益诉讼的范围等方面探讨了具有中国特色的环境民事公益诉讼制度的构建。

The deficiency of environmental civil lawsuit system for public welfare in current legislation of China was analyzed from the aspects of substantive law and adjective law. The construction of environmental civil lawsuit system for public welfare with Chinese characteristics was discussed from the aspects of setting up environmental right, relaxing the litigation qualification of plaintiff and expanding the scope of environmental civil lawsuit for public welfare.