环保组织参与环境公益诉讼的制度建构

On the System Construction of Promoting Environmental Protection Organizations to Participate in Environmental Public Interest Litigation

环保组织参与公益诉讼,是对我国现有环境管理体制的补充,不仅在公民与环境公益诉讼之间起到桥梁作用,还可以监督环境法律的运行。然而,在司法实践中,环保组织往往面临由于资金匮乏等因素而造成自身专业能力不足。与此同时,外部体制因素也制约着环保组织的进一步发展。为此,需要通过建立环境公益诉讼基金,提高环保组织公益诉讼能力,建立有利于刺激环保组织参与公益诉讼的审判机制,降低登记门槛等制度建设来促进环保组织参与环境公益诉讼活动。

The participation of environmental organizations in public interest litigation is a supplement to existing environmental management system in China,which not only acts as a bridge between citizen and environmental public interest litigation, but also supervises the operation of environmental law. However, the environmental protection organizations are often faced with the lack of funds and other factors resulting in their own professional capacity in judicial practice . At the same time, external institutional factors also restrict the further development of environmental protection organizations. Therefore, ？ we should promote the participation of environmental protection organizations in environmental public interest litigation activities by establishing the fund of environmental public interest litigation, enhancing the public interest litigation ability of environmental protection organizations, establishing a trial mechanism conducive to stimulating the participation of environmental protection organizations in public interest litigation and lowering the threshold of registration of the environmental organizations.