论环境民事公益诉讼

环境权是一项公益性与私益性相结合的权利。因此,既可私益诉讼,也应允许公益诉讼。无论英美法系还是大陆法系,许多国家,对涉及公益的诉讼都建立了相应的诉讼机制,其中环境公益诉讼在这些规定中往往占重要地位。而我国现行的法律框架里,并无环境民事公益诉讼的立足之地。相反,实践却在急迫的呼唤环境民事公益诉讼的出现。因此,我国可借鉴外国立法模式,建立具有中国特色的环境民事公益诉讼法律制度。

On the Public Environmental Civil Litigation

Environmental right integrates private interest and public intetest. Therefore, disputes in environmental rights can be solved through both action for private interest and action for public interest. This is what civil action for public interest means in environment law. In both the Anglo - American law system and the continental law system, many countries have established corresponding mechanism for public interest litigation,in which action for environmental public interest talkes a significant positon.However,it does not have a foothold in the present legal framework of China. In contrast, there is an urgent need for the emergence of civil action for environmental public interests. Therefore, China needs to establish the legal system of civil action for environmental public interest with Chinese characteristics, by drawing on the legislation model of foreign countries.