我国环境公益诉讼的现状和思考

Reflections on the Status Quo of Environmental Public Interest Litigation in China

由于立法的缺乏和滞后,我国环境公益的现状是先有司法后有立法。环境公益诉讼立法的滞后造成司法救助环境公益困难重重。环境公益诉讼制度在相关国家有关公众参与环境保护、保障公民环境权益的实现、促进环境法制良好实施以及推动环境保护工作的开展等方面无疑发挥了积极的作用。新修订的《民事诉讼法》增加了一条环境公益诉讼,表明这项制度已在我国施行,但是条文的单薄给司法实践带来了很多问题和困惑。环境公益诉讼制度需要在立法上进一步明确、具体,同时完善相关的配套制度,增强该制度的司法可操作性。

Due to the lag and lack of legislation, the status quo of China＇s environmental public interest is justice comes ahead of legislation.The legislative lag caused numerous difficulties to the environmental public interest justice. Environmental public interest litigation system in the relevant countries played an undoubtedly positive role in public participation in environmental protection, protection of the realization of citizens environmental rights, and promoting the implementation of environmental law and the environmental protection work. The newly revised ＂Civil Procedure Law of PRC＂ added an article of environmental public interest litigation, indicating that the system has been implemented in our country. But the article is so brief that it brings a lot of problems and confusion to judicial practice. The system needs further clarified in the legislation, and the relevant supporting systems should be improved at the same time in order to enhance the operability of the system in judicial practice.