环境民事公益诉讼中司法权与行政权关系反思

Relationship between Judicial Power and Administrative Power in Environmental Civil Public Interest Litigation

环境民事公益诉讼因其自身所具有的特点,在实际操作中经常需要面对来自科技和道德的挑战。以司法权为主导强化其在环境民事公益诉讼中的作用,并以行政权作为辅助系当前环境民事公益诉讼制度设计的主要内容。但是,司法权的加强容易造成其突破自身权力范围侵入行政权的范围之内或者与行政权功能相重叠,造成司法权与行政权关系定位错误。当代环境事业冗杂零碎,更加需要利用行政权来作为主要解决环境问题的手段。因此,就司法权与行政权的关系而言,应当通过加强和有效运用行政权、增设民事公益诉讼前置程序以及完善环境行政公益诉讼制度来纠正环境民事公益诉讼中两者的关系,从而使环境民事公益诉讼制度得到良好的运行。

Environmental civil public interest litigation often faces challenges from technology and morality in practice due to its own characteristics.Strengthening the role of judicial power in environmental civil public interest litigation with judicial power taken as the leading factor and administrative power as the supplementary one is the main content of the environmental civil public interest litigation system design.However,the strengthening of judicial power tends to cause judicial power to break through its own power scope and intrude into the scope of administrative power or overlap with the function of administrative power,and result in the wrong positioning of the relationship between judicial power and administrative power.The contemporary environmental undertakings are so jumbled and fragmented that it is more needed to use administrative power as the main means to solve environmental problems.Therefore,as far as the relationship between judicial power and administrative one,the relationship between them should be corrected by strengthening and applying administrative power effectively,adding a pre-procedure of civil public interest litigation and perfecting the environmental administrative public interest litigation system so as to make the environmental civil public interest litigation system run well.