环境信息公开公益诉讼现状考察

Investigation on the Status of Public Interest Litigation for Environmental Information Disclosure

环境信息公开公益诉讼在我国法学界尚是一个崭新的话题,随着环境问题的日益严重及公民维权意识的增强,环境纠纷日益增多,自"环境信息公开公益诉讼第一案"被广泛公开报道以来,陆续出现了多起环境信息公开公益诉讼案件。我国环境信息公开公益诉讼存在受案的立法阻隔、环境信息公开申请实体请求受阻隔等困境。在国家立法对环境公益诉讼缺乏明确规定之时,环境公益诉讼的开创性实践"贵阳模式"值得推广,新环保法对环保公益诉讼主体的有限放开,也将为艰难前行的环境公益诉讼提供新的动力。

Public interest litigation for environmental information disclosure is a new topic of the law study in our country. Along with the increasing seriousness of environmental problems and the enhancement of the citizen consciousness, environmental disputes are increasing. Since the first case was widely reported, it has appeared multiple litigations. However, there are difficulties in accepting cases, and the entity requests are cut off in our country. In the absence of specific provisions on environmental public interest litigation in national legislation, pioneering practice ＂guiyang model＂ is worth promoting. Environmental law amendment made a limited opening to the main body of public interest litigation for promoting the information disclosure.