新时代环境公益诉讼的检视与调校——以最高人民法院十大案例分析的视角

A Study of the Inspection and Adjustment of Environmental Public Litigation in a new Era——From the Perspective of Ten Cases by Supreme People's Court

环境公益诉讼在保护环境、维护公共利益方面有着重要地位。通过分析最高人民法院发布的环境公益诉讼典型案例,发现其实践运行中的诉讼主体资格、司法能动性、纠纷解决方式、责任承担方式等问题,以此提出完善原告制度、举证制度、审判模式、制定禁止令、丰富责任形式、奖励机制、第三方监督执行等法律规范层面的制度建议和环境司法专门化、司法能动作用、专家司法咨询、司法信息共享等司法实践的制度建议。

The environmental public litigation plays an important role in protecting the environment and safeguarding public interests. This paper analyzes the typical cases of environmental public litigation issued by the Supreme People＇s Court, and finds out the problems like lawsuit subject qualification, judicial activism, dispute settlement and liability bearing in the practice. Therefore, we put forward the suggestions concerning legal norms, such as the plaintiff system, the rule of providing evidence, trial mode, formulations of injunction, form of assuming liability, incentive mechanism and execution by the third-party supervision. We also put forward suggestions about judicial practice such as improving specialization of environmental judicature, judicial activism, expert judicial consultation and judicial information sharing.