环境司法专门化下的特殊环境诉讼规则

An analysis of special environmental litigation rules under the specialization of environmental justice

我国的环境司法处于发展初期,有关环境纠纷的司法救济程序散落在不同的部门法中。为了维护国家环境安全和公共环境利益,构建环境司法专门化势在必行,但是在特殊的环境保护法院进行专门化的环境审判过程中,出现环境诉讼保护对象的争议性、生态环境损害责任承担的特殊性等问题亟待解决,环境民事公益诉讼和生态环境损害赔偿诉讼等特殊环境诉讼规则应运而生,虽然目前还面临着一些困境,但是整体上构建环境司法体系的进程依然在不断推进。

Environmental justice in China is in the early stages of development,and judicial relief procedures for environmental disputes are scattered in different departmental laws.In order to safeguard national environmental security and public environmental interests,it is imperative to establish environmental justice specialization.However,in the special environmental trial conducted by the special environmental protection court,environmental litigation protection targets are controversial,and ecological environmental damage liability is assumed Issues such as the special nature of the environment need to be solved urgently.Special environmental litigation rules such as environmental civil public interest litigation and ecological environmental damage compensation litigation have emerged at the historic moment.Although these dilemmas are still faced,the process of building an environmental justice system as a whole is still advancing.