环境公益诉讼之诉前鉴定机制研究

A Study on Pre-trial Appraisal Mechanism in Public Interest Civil Litigation for Environment

我国新《民事诉讼法》第五十五条在立法层面确立了"民事公益诉讼程序",其中包含的环境公益诉讼在我国尚处于起步阶段,诸多配套性的程序规则和单行立法均有待完善。推行诉前鉴定机制,对于推进环境公益诉讼制度的发展具有重要的现实意义,但是,这又需要以诉前鉴定程序的完善和规范为前提。因此,必须着力解决好三个方面的问题:明确诉前鉴定程序启动的决定主体;规范诉前鉴定意见之证据能力和证明力的判断程序;明确诉前鉴定费用的负担规则。

With Article 55 of the new Civil Procedure Law, we are establishing the system of public interest civil litigation. The public interest civil litigation for environment is at its beginning stage. There are many procedural rules and legislation to be adopted. To carry out pre-trial appraisal mechanism in public interest civil litigation for environment is very important for its development. However, we must resolve three problems to improve the procedure for pre-trial appraisal： to make clear the institution to start up the pre-trial appraisal procedure; to regulate the procedure judging the qualification and evidentiary effect of pre-trial appraisal; and to set the rules on cost bearing of pre-trial appraisal.