中国环境司法能动的现实障碍与实现路径

On the Practical Obstacles and Implementation Routes of the Active Environment Justice in China

环境司法对增强政府环保能力和维护公众环境权益具有不可替代的功能优势。然而,中国环境司法在实践中正面临着解决纠纷能力不足和在环境纠纷解决方式中被边缘化的被动境地。环境司法能动的理念和要求应运而生。但是,目前中国环境司法能动还受到"无法可依"、"法官不能"和"行政干预"等因素的制约,需要通过立法的进一步完善,扩大可诉环境利益范围,完善环境司法主体制度,建立环境司法程序规则和加强环境司法指导监督等,为中国环境司法能动的实现铺平道路。

Environment justice has an irreplaceable advantage of strengthening the ability of environment pro- tection for the government and maintaining the public environmental rights and interests. However, the environ- ment justice is facing the passive position in China. In practice, the environment justice lacks the ability to re- solve dispute and is marginalized in the environment dispute solutions. The active environment justice arises at the historic moment. At present, the active environment justice is restricted by many factors, such as improper administrative intervention. In addition, there are no laws to abide by and lack of qualified judges. It is necessa- ry to improve relevant legislation, to expand the scope of the environmental interests that can be initiated prose- cution, to improve the system of environmental judicial body, to establish rules of judicial procedure and to strengthen supervision and guidance, for paving the way of realizing the active environment justice in China.