环保NGO提起环境民事公益诉讼的困境及路径选择

The Difficulties and Route Choice of Environmental Civil Public Interest Litigation Brought by Environmental Protection NGO

由环保NGO依法提起环境民事公益诉讼对生态环境保护与治理具有积极的意义。但实践中环保NGO面临着主体资格要求严苛,诉讼成本高昂及自身资金短缺等困境,严重影响了环保NGO参与环境民事公益诉讼的积极性。文章认为,完善环保NGO提起环境民事公益诉讼机制,解决环保NGO面临的困境,需要适当放宽适格环保NGO的条件范围,通过环保公益彩票支持公益诉讼,建立原告胜诉奖励制度,以便充分发挥环保NGO在环境民事公益诉讼中的重要作用。

It is of positive significance for ecological environment protection and governance that environmental NGOs bring environmental civil public interest litigation according to law,but in practice there are difficulties faced by environmental NGOs,such as strict qualification requirements,high cost of litigation and shortage of their own funds,which have seriously affected the enthusiasm of environmental NGO to participate in environmental civil public interest litigation.The article holds that we should establish the plaintiff's winning award system in order to give full play to the important role of the environmental NGOs in the environmental civil public interest litigation.It is to improve the mechanism of environmental civil public interest litigation brought by environmental NGOs and to solve the difficulties faced by environmental NGOs,and it is necessary to appropriately relax the scope of eligible environmental NGO and support public interest litigation through environmental public interest lottery,to establish the system of rewarding the plaintiff for winning the lawsuit.