环境民事公益诉讼的实践与探索

Practice and Exploration of Environmental Civil Public Interest Litigation

环境污染具有范围大、持续时间长、治理成本高等特点,是环境民事公益诉讼制度产生的基础。环境民事公益诉讼是解决环境侵权纠纷,实现公民环境权的主要途径。我国环境民事公益诉讼制度属于新兴的法律制度,在司法实践中取得了许多优秀成果,但仍存在原告主体受限、诉讼费用高、举证责任不明确等问题,当前理应结合我国国情,吸收借鉴优秀成果,促使这项制度进一步完善。

Environmental pollution has the characteristics of large range, long duration and high cost, which is the basis of the environmental civil public interest litigation system. The environmental civil public interest litigation becomes the main way to solve the environmental tort dispute and realizes the citizen's environmental right. China's environmental civil public interest litigation system is a new legal system, which has made many outstanding achievements in judicial practice. However there still exists some problems, such as the limitation of the plaintiff, the large legal costs, the unclear responsibility of proof. At present, our national conditions should be combined with the excellent results in order to further improve the system.