试论我国环境公益诉讼制度的确立

On the Establishment of the Environmental Public Litigation in Our Country

近来,关于公益诉讼的争论成为社会关注的焦点,而环境公益诉讼也是一个重要的方面。环境公益诉讼制度的建立是解决公众切身利益,解决我国环境损害的基本问题和应对WTO竞争挑战的迫切需要。目前我国现行诉讼法体系不能兼容环境公益诉讼机制,因而有必要建立相关诉讼制度,建立多元主体、前置审查和事前预防的诉讼模式。

In recent years, the public has begun to focus their concern more and more on the controversies about public in- terest litigation, and one of them is that about environmental public litigation. In this article, the author analyzes the necessity of establishing relevant rules on environmental public litigation, elucidates the importance of establish- ing such rules to finding solutions to our country's environmental problems and to meeting the challenges entailed by entering into the World Trade Organization (WTO), in an accept to illustrate the urgency of establishing such rules in China. Meanwhile, the author gives some advices.