中美环境公益诉讼立法比较研究

发布时间：2018-07-23 15:12

【摘要】：环境公益诉讼制度的建立关涉一国的可持续发展,而其立法的良善与否直接影响该制度落实的好坏。我国的环境公益诉讼制度立法虽初有建树,但随着环境保护紧迫性的加剧,环境公益诉讼的立法短板在实践中愈加显露。美国环境公益诉讼起步较早,经过多年发展,法律体系相对完备,政策制定技术娴熟,值得我们借鉴。比较中美环境公益诉讼的立法背景、立法基础、立法原理与立法内容,在公众参与意识培养、"代表信托理论"的发展与环境权的借鉴之基础上,可以从公民赋权和程序立法两方面改造我国环境公益诉讼存在诉讼资格限制与诉讼程序操作性差的困境,最终建立属于中国特色的"多元环境公益诉讼"制度。
[Abstract]:The establishment of environmental public interest litigation system is related to the sustainable development of a country, and the good or not of its legislation directly affects the implementation of the system. Although the legislation of environmental public interest litigation system in our country has made achievements in the beginning, with the aggravation of the urgency of environmental protection, the legislative shortboard of environmental public interest litigation has become more and more obvious in practice. Environmental Public interest Litigation in the United States started early, developed for many years, relatively complete legal system, and skillful in policy making, so it is worthy of our reference. This paper compares the legislative background, legislative basis, legislative principle and content of environmental public interest litigation between China and the United States, on the basis of the cultivation of public participation consciousness, the development of representative trust theory and the reference of environmental right. It is possible to reform our country's environmental public interest litigation from the aspects of citizen empowerment and procedural legislation, which leads to the difficulty of limitation of litigation qualification and poor operation of litigation procedure, and finally establishes the system of "pluralistic environmental public interest litigation" with Chinese characteristics.
【作者单位】：湘潭大学法学院;
【分类号】：D922.68;D971.2;DD912.6

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