环境民事公益诉讼的若干问题研究

Research on some issues of environmental civil public interest litigation

自2013年起施行《中华人民共和国民事诉讼法》后,我国就从法律的层面上确立了环境公益诉讼制度,随之,环境民事公益诉讼案件数量不断增加,环境公益诉讼制度存在的问题也不断暴露出来。如何将环境公益诉讼制度建设得更加完善,理论界对此的探讨不曾间断,实践中各地法院也在不断探索。为此,本文从环境民事公益诉讼制度的发展历程、发展现状、环境民事公益诉讼存在的问题及其成因出发,探寻解决问题的出路,期望环境民事公益诉讼制度能够臻于至善。

Since the implementation of the Civil Procedure Law of the People's Republic of China in 2013,China has established the system of environmental public interest litigation at the legal level.As a result,the number of environmental civil public interest litigation cases has been increasing,and the problems with the environmental public interest litigation system have also been exposed.The discussion on how to improve the environmental public interest litigation system has never ceased in the theoretical field,and various courts across the country have been exploring in practice.Therefore,starting from the development process and current situation of the environmental civil public interest litigation system,as well as the problems and causes of environmental civil public interest litigation,this article explores the way to solve these problems,with the hope that the environmental civil public interest litigation system can be perfected.