印度环境公益诉讼制度评析及启示

A Study of Environmental Public Interest Litigation of India and Its Inspiration

印度环境公益诉讼制度中的司法能动主义、宽泛的原告资格、事前预防和事后惩罚并行的机制、借助于专家委员会等方式替代行政机关进行的环境决策、法院判决的较强执行力等优点降低了印度的环境污染水平。但法院不具备决策所必须的信息优势,其强势介入行政的行为破坏了司法与行政之间的关系,违背了经济学的最优成本规则,不利于环境的可持续发展。因此,印度环境公益诉讼制度优缺点共存。我国新《环境保护法》的实施在一定程度上促进了我国环境公益诉讼制度的发展,但在立法和司法实践层面仍存在诸多不完善之处。因此,我国应借鉴印度环境公益诉讼制度的优点,避免其缺点,进一步完善环境公益诉讼制度。

The adoption of judicial activism in environmental public interest litigation, broadening of plaintiff qualification, implementing the advancing prevention and punishment afterwards parallelism system,making decisions alternative to the executive authority beyond its own power,strong execution of court decisionsand so on reduce the level of environmental pollution in India. These measures reduced the level of environmental pollution in India. But the courts do not have the advantages of expertise information for court decision, its strong intervention and making decisions beyond their competence alternative to the executive authority affect the relationship between the judiciary and the executive authority, go against the sustainable development of environment and is contrary to the rule of optimal cost in economics. This makes the coexistence of advantages and disadvantages of environmental public interest litigation in India. China's new Environmental Law promotes the development of China's environmental public interest litigation system to a certain extent, but there are still many imperfections at the legislative and judicial practice level. Therefore, China should draw lessons from environmental public interest litigation of India and avoid its shortcomings to further improve China's environmental public interest litigation system.