环境民事公益诉讼费用的最佳路径探析

The Best Selection of Civil Environmental Public Interest Litigation Costs

环境民事公益诉讼的确立,在法律上承认环境权益在私主体间的可诉性,为实现"绿色民法"提供有效途径。诉讼费用的交纳是民间环保组织有效接近司法首要待解决问题,通过对比有利于原告的不同诉讼费用规则,指出通过积极完善环境公益诉讼专项基金是环境公益诉讼费用有效的阶段性最佳路径,而后通过建立环境公益诉讼费用保险制度,并衔接环境公益诉讼司法救助制度,三者共同构成环境公益诉讼费用的未来诉讼费用发展最佳路径。

Civil environmental public interest litigation is stipulated in the law, confirming that environmental nonprofit litigation is actionable between private persons, it is an effective way to realize ＂the green civil law＂. The pay litigation costs are the first problem that should be dealt with to folk environmental protection organization. Through contrasting the different lawsuit expense rules that is good for plaintiff, we argue that the improvement of the special fund for environmental public interest is the best periodical way to soften this problem. And then, we should establish insurance system of environ- mental litigation fee and judicial aid system. Coordinating the three systems will be the best final way to deal with the problem about the civil environmental public interest litigation costs.