我国水环境诉讼制度构建路径研究

Study on Construction Path of Water Environmental Lawsuit System

水生态环境恶化已经演变成为制约我国经济社会可持续发展的主要障碍,以水环境诉讼为主的司法手段可以弥补环境治理过程中的漏洞,但是当前有关水环境诉讼制度的缺失导致很多环境问题得不到有效的治理。因此,本文以我国水环境诉讼现状为出发点,针对当前环境诉讼中的不足,分析了构建水环境诉讼体系的必要性和可行性,从9个方面提出了水环境诉讼体系,该体系对当前环境保护相关法律及诉讼程序具有一定的补充及完善作用。提出的将公民纳入诉讼主体之中、规范诉讼费用及延长诉讼时效等将有利于激发人民群众以及环保团体的诉讼意愿,设置执行监督机制有利于实现案件判决执行的有效性,实现水环境及水生态的持续改善。

Water environment is deteriorating in recent years,which has evolved as the main obstacle to economic and social sustainable development in China. The judicial methods based on water environmental lawsuit can make up for flaws in the process of environmental governance. However,many environmental problems cannot be controlled efficiently due to the lack of water environmental lawsuit system at present. In this paper,based on the current situation of water environmental lawsuit,aiming at the shortages of current environmental lawsuit,the necessity and feasibility of constructing water environmental lawsuit system are analyzed,and then this system is proposed from nine aspects. Concrete ideas of the construction play a complementary and improved role in current environmental protection laws and judicial proceedings. To include citizens into the subject of lawsuit,standardize lawsuit costs and extend the lawsuit limitation will be conducive to stimulating the lawsuit willingness of masses and environmental groups. Setting the execution supervision mechanism is conducive to the realization of the effective implementation of the judgement and is conducive to the continuous improvement in water environment and ecology.