论环境公益权——兼论环境公益诉讼建立之实体权利基础

由于环境法上之权利(权力)的性质长期以来没有得到澄清,环境法上的权利(权力)不明晰及其司法实现手段的不足相互作用,使得环境治理缺乏有效的法律规制。因此,应当明确环境公益权的概念,通过环境立法,合理地配置权力和权利,并由此建立起环境公益诉讼制度,实现环境法权的可司法化。

On the Rights of Public Welfare of Environment--Also on the Foundation of Substantive Rights of Adopting Litigation of Public Welfare of Environment

In environment law,the interaction between the nature of rights and power which have not been clarified for a long time and its inadequacy of means of justice makes environment control lack of effective suppression by law.So we should give a definition to the idea of the rights of public welfare of environment and make reasonable allocation of rights and power and build litigation of system of public welfare of environment on its basis.