环境公益诉讼驱动困境与应变

The Dilemma and Strain of Environmental Public Interest Litigation Drives

环境公益纳入诉讼程序虽给我国环境公益诉讼制度带来了新的发展,但环境问题仍旧严峻,而诉讼却并未像预想般呈"井喷"的状态,暴露了现行环境公益诉讼制度的缺陷。特别是在成本制约下,诉讼主体缺乏动力,原告在与被告的博弈中处于劣势地位,使得原告沉默成为其策略选择,从而形成驱动困境。因此,需要调整环境公益诉讼成本配制、建立公众负担原则和原告胜诉奖励机制、明确赔偿金定位和执行机制,以活跃诉讼达到保护环境的目的。

Although the incorporation of environmental public interest into litigation procedure has brought a new period of development to China's environmental public interest litigation system,environmental problems are still serious and litigation has not become the problem behind the blo-wout as expected.Especially under the constraints of cost,the subject of litigation lacks motivation and the plaintiff is in a disadvantaged position in the game between the plaintiff and the defend-ant,which makes the plaintiff's silence a strategic choice and forms a driving dilemma.Therefore,it is necessary to adjust the cost allocation of environmental public interest litigation,establish the principle of public burden and the incentive mechanism for the plaintiff to win a lawsuit,and clar-ify the compensation positioning and execution mechanism so as to activate the lawsuit to achieve the purpose of protecting the environment.