我国公民个人提起环境公益诉讼的法律制度构建

Legal System Construction of Citizen's Environmental Public Litigation Qualification

作为环境公共利益损害的直接感受者,公民个人提起环境公益诉讼保护环境公共利益应是其参与环境保护的重要途径和应有之义。公民个人提起环境公益诉讼既有理论支撑,也有国内外司法实践探路。另外,赋予公民个人环境公益诉讼起诉资格也具有完善公众参与制度和信息公开制度等现实意义。然而,公民承担环境公益诉讼起诉主体角色面临较多内外部困境,因此,要充分发挥公民个人环境公益诉讼起诉资格的作用,就要遵循实体立法与程序设计双管齐下的制度构建途径,构建公众环境参与制度的环境权基础,完善诉讼激励机制和滥诉防治机制并合理运用举证责任倒置规则。

As people who are directly exposed to the damage consequence of environment public interests,it＇ s citizen＇ s deserved duties to bring the environmental public litigation to protect environment public interests. There are theoretical supports and the relevant judicial practices paving the way for citizen＇ s being the plaintiff in environmental public litigation. It also has many big significances ,like perfecting the development of public participation system and information publicity system, and so on. However, the citizen itself meets many troubles from inside and outside. Therefore, we must establish entity legislation and program design at the same time, for instance, to construct the environment right foundation of public participation system, improve mechanisms of litigation incentives and abuse prevention, and also rational use of rules of inversion of burden of proof in order to play a full role of the litigation qualification of the citizen.