论我国环境公益诉讼制度的构建

On the construction of our country environment public welfare lawsuit system

环境公益诉讼制度是保护环境的一种重要司法救济制度,具有与传统的环境侵权私权诉讼不同的特征。由于我国现行法律缺少相关的立法规定,致使我国环境公益诉讼在司法中存在困境。我国应当依据现行相关法律规定并借鉴国外的相关立法,探索正确的构建思路,确立我国完善的环境公益诉讼制度,切实保护人们的生存环境。

The environment public welfare lawsuit system is one kind of important judicial relief system about protects the environment, it has different characteristic with the private power lawsuit on the traditional environment infringes. Because our country present law lacks the correlation the legislation to stipulate, causes our country environment public welfare lawsuit in the judicature the existence difficult position. Establishes our country environment public welfare lawsuit system have its necessity. Our country should rest on the present correlation legal rule and profit from the overseas correlation legislation, explores the correct construction mentality, establishes environment public welfare lawsuit system on our country consummates, protects people＇s survival environment practically.