论环境纠纷处理与环境损害赔偿专门立法

环境纠纷的日益增多和公民环境维权意识的不断提高 ,需要制定专门的立法解决环境纠纷和维护公民的环境权利。该立法的制定不仅有利于环境法体系的完善 ,而且也可以在一定程度上弥补民法和民事诉讼法的不足。国外已经有环境纠纷处理和损害赔偿专门立法的成功经验可供借鉴。我国的环境纠纷处理和环境损害赔偿立法应当采取实体和程序一体的立法模式 ,并着重规定在环境纠纷处理和环境损害赔偿方面所涉及的一些特殊问题。

On Special Legislation of Enviromental Disputes Settlement and Compensation for Environmental Damages

The legislation on resolving environmental disputes and environmental damages need to be promoted for protecting the environmental rights of the citizens as the disputes are more and more and the consciousness that the citizens protect their environmental rights is rising day by day. The legislation not only is benefited of perfection of in environmental law system but also it can supply the gaps of civil law and civil procedure law at a certain extent. There have already been some successful practices of special legislation on resolving environmental disputes and environmental damages abroad to be used for reference. The model of legislation on resolving environmental disputes and environmental damages in China should be the model of combining the substantial law with procedure law, and the legislation shall focuses on some special issues on resolving environmental disputes and environmental damages.