环境公益诉讼研究的创新探索——兼评《环境公益诉讼研究——以制度建设为中心》

The Innovation Exploration for Research on Environmental Public Interest Litigation

我国环境公益诉讼中的"公益"内涵可以分为两种:一种是人类共同的环境利益;一种是多个人的环境权益,只有人类共同的环境利益才是真正的公益。由于人类处在环境共同体之中,共同体成员对共同体的维护责任理论应该作为环境公益诉讼的理论基石。我国环境公益诉讼的制度安排应根据中国国情,建立法律解释型和立法型两种基本类型的制度路径。同时,环境公益诉讼研究应坚持发展逻辑与实证逻辑有机结合的学术研究方法。

In recent years,the research of environmental law and litigation law has paid more attention to the environmental public interest litigation.We think the connotation of ＂public interest＂ in the environmental public interest litigation can be divided into two types：one is the common human environmental benefit which is the real public interest;the other is the private environmental rights of many people.The theory that members of the community are responsible for protecting their environment should be used as the theoretical cornerstone of the environmental public interest litigation.We should establish two basic types of systems path including legal interpretation and legislative-type about system arrangement of environmental public interest litigation according to specific conditions in China.Moreover,the research of environmental public interest litigation should adhere to the academic method of combination of developed logic and empirical logic.