环境公益诉讼制度构建若干问题探析

作为环境法的法益基础,环境权在某种意义上是一种社会性权利,有权提起环境诉讼、维护环境公共利益是环境权从理论到实践基本标志。我国建立环境公益诉讼制度有其现实必要性。借鉴国外经验,立足于中国国情,可以通过对原告资格的适度放宽、举证责任的合理配置、诉讼途径之拓展、诉讼费用公平负担等方面进行制度创新,建立我国的环境公益诉讼制度。

An Analytical Study of Some Problems Concerning Litigation Constitution for Public Environmental Welfare

As a legal foundation in environmental right is "a kind of social right "in some sense. Having the right to institute a proceeding for the environmental protection is a rudimental for the purpose of safeguarding the public environmental welfare either from the view theory or practice. The establishment of the litigation system for the public environmental welfare signifies a great necessity. China may establish its own litigation system for public environmental welfare on the basis of its own national conditions through the following creative in constitutional strategies learning relevant experience from foreign countries, relatively extending the qualifications of the plaintiff, reasonable allocation evidential burden, widening litigation channels as well as fairly hearing expense in litigation.