生态环境公益诉讼提起程序现状与完善路径研究

A Review on the Current Situation of Filing Procedures for Eco-Environmental Public Interest Litigation and a Study on the Way for Their Improvement

介绍了生态环境公益诉讼提起程序的研究背景、意义、必要性、发展及司法实践,阐明了生态环境公益诉讼在保护环境和维护公共利益方面的重要作用,探讨了现行法律和司法解释对生态环境公益诉讼提起程序的规定,对存在的问题和不足进行了挖掘,认为建立完善的调查取证机制和加强对环保诉讼申请人的支持和帮助是提高公益诉讼成功率的关键,提出应从简化诉讼步骤、加大对环境护理人员支持力度、认真开展多方合作、强化环境问题宣传等方面完善生态环境公益诉讼提起程序。

The research background,significance,and the necessity of eco-environmental public interest litigation initiating procedure,as well as the juridical practice are introduced.The important role of eco-environmental non-profi t litigation is expounded in the aspects of eco-environment protection and public interest preservation.The provisions in current laws and judicial interpretations on the procedure of eco-environmental public interest litigation are discussed,and their problems and shortcomings are explored.It is believed that the establishment of a sound investigation and evidence collection mechanism as well as strengthening the support and assistance to environmental litigation applicants are the keys to improved success of the public interest litigation.It is proposed that the way to improve the litigation fi ling process should take the measures such as simplifying lawsuit procedures,increasing the strength of support to environmental maintenance personnel,earnestly carrying out cooperation in various aspects,strengthening the publicity of environmental concerns,and etc.