论环境民事公益诉讼的调解适用——以广州土壤修复案为切入点

Mediation of Environmental Civil Public Interest Litigation——Taking the Case of Soil Remediation in Guangzhou as the Point

近年来,在"推动生态文明,建设美丽中国"理念的引领下,环境民事公益意识进一步增强。同时,"多元共治、合作对话"的多元化纠纷解决机制也日益深入推进。但是,在环境民事公益诉讼适用调解领域中,当前的立法规定尚不完善,如在调解协议的公告、审查及调解书的公开等方面存在问题,造成司法实务障碍重重。因此,如何将两者有机结合,最大程度地维护社会公共利益,满足生态文明建设的需要,仍需立法及实务界的思考。

In recent years,under the guidance of the concept of “promoting ecological civilization and building a beautiful China”,environmental civil public interest litigation has been carried out in full swing.At the same time,the diversified dispute resolution mechanism of “pluralistic co-governance and cooperative dialogue” has also been increasingly advanced.However,in the field of mediation in environmental civil public interest litigation,because the current legislative provisions are not perfect,such as the announcement of mediation agreement,examination and publication of mediation agreement,ect.There are many obstacles in judicial practice.Therefore,it is still necessary for the legislative and practical circles to think about how to combine the two organically to maximize the social and public interests and to meet the needs of the construction of ecological civilization.