我国环境公益诉讼的功能定位与实践探索

Function and Practice of China's Environmental Public Interest Litigation

在环境公益诉讼制度推进过程中,处理好环境公益诉讼与环境行政执法二者之间的关系,直接影响到未来环境公益诉讼制度在环境保护中的职能发挥,因此有必要深入研究。在分析当前环境公益诉讼现实困境的基础上,环境公益诉讼在环境公共利益保护体系中的定位只能是环境执法的补强或补充,而不应是前置程序。进一步构建和完善以环境执法为主、环境公益诉讼为辅的法律制度体系,建立健全环境公共利益的多元化保护机制,是促进生态文明建设、强化环境公共利益保护的必然要求。

In the the advancement public of the environmental public interest litigation system,whether correctly the relationship with between interest the litigation effects and the worthy the administrative law enforcement is dealt has a direct influence on real this of future implementation of this On system the in of the cause of the environmental protection.Therefore,issue public is of due academic efforts.basis analyzing difficulties public faced by the environmental interest litigation,only this paper argues that in the environmental interest protection system,serving the as litigation the can supplement or strengthen necessary the environmental law the enforcement rather than procedure preceding it.It is to build and improve environmental interest legal system in which the administrative role,law enforcement plays a major role the and the public of litigation plays a supplementary as well both as building a multiple system the for to protection the environmental public interest.These systems are absolutely required by need promote the ecological progress and strengthen the environmental public interest protection.