社会组织提起环境公益诉讼之费用问题研究

发布时间：2018-05-23 17:04

本文选题：环境公益诉讼 + 诉讼费用　；参考：《湘潭大学》2017年硕士论文

【摘要】：环境,是人类得以生存的基础,对环境的破坏,就像人类残害自己的身体一样。然而,部分社会主体对此并没有意识,或者有意识但存有无所谓之态度。他们在利益的驱使下,逃避责任,逃避监管,肆意排放污染物,随意毁坏森林植被。然而,由于监管疲软乏力,致使破坏环境者难以得到及时有效的制裁。因此,人们开始通过法律手段维护自身环境权益,环境公益诉讼由此诞生。虽然我国环境公益诉讼制度已经较为完善,但是其并未发挥其应有的作用。现有费用承担规则是阻碍我国环境公益诉讼制度发挥作用的重要因素。不合理的费用承担规则使得适格原告需要承担大量的费用成本,且由于目前我国符合提起环境公益诉讼的社会组织经济来源匮乏,其经济实力令人堪忧,致使环境公益诉讼案件难以进入诉讼程序、适格原告难以承担调查取证费用。这在很大程度上打击了社会组织的诉讼积极性,更为严重的是社会组织可能因支付不起费用而放弃诉讼。而检察机关提起环境公益诉讼还在试点阶段,社会组织目前仍然是我国环境公益诉讼的中坚力量,一旦其诉讼积极性受到打击,将影响我国环境公益诉讼的发展。高昂的费用成本究其原因在于:其一是环境公益诉讼案件的标的额往往较大,由此产生高昂的案件受理费;其二是环境公益诉讼往往会涉及到复杂的调查取证过程,由此可能产生不菲的鉴定、评估等费用;其三是社会组织经济来源匮乏造成经济实力有限,其收入相比较于动辄几万、几十万的费用而言着实吃力。因此,在目前我国社会组织提起环境公益诉讼遇到费用高昂这一瓶颈的情况下,我们需要怎样完善?应当采用什么方式和手段来进行?等等问题都引起笔者进行了深入的思考。本文立足于我国《诉讼费用交纳办法》、《最高人民法院关于审理环境民事公益诉讼案件适用法律若干问题的解释》以及相关法律法规的规定,结合目前我国适格社会组织的财力情况及环境公益诉讼“公益性”的特点,建议将国家及社会公众纳入环境公益诉讼费用的负担主体,提出了案件受理费按件收取、诉讼费用由败诉方承担、原告胜诉时当事人费用由被告承担、原告败诉时当事人费用由国家补充承担、其他社会主体通过捐赠行为承担诉讼费用及当事人费用的负担规则,并且提出了费用来源的多元化途径以保障环境公益诉讼充分发挥其作用。望此负担规则能在一定程度上弥补我国现有规则所带来的不足。
[Abstract]:Environment, is the basis of human survival, the destruction of the environment, just like human damage to their own bodies. However, some social subjects are not conscious of it or have a conscious but indifferent attitude. Driven by interests, they evade responsibility, escape regulation, release pollutants and destroy forest vegetation at will. Weak regulation, however, makes it difficult for environmentalists to get timely and effective sanctions. Therefore, people began to protect their own environmental rights and interests through legal means, environmental public interest litigation was born. Although China's environmental public interest litigation system has been relatively perfect, but it does not play its due role. The existing cost-bearing rules are an important factor that hinders the system of environmental public interest litigation in our country. Unreasonable cost bearing rules make the suitably plaintiff bear a large amount of cost, and because of the lack of economic resources of social organizations that bring environmental public interest litigation in our country, its economic strength is worrying. As a result, environmental public interest litigation cases are difficult to enter the proceedings, and suitably plaintiffs are difficult to bear the costs of investigation and evidence collection. This greatly dampened the litigation enthusiasm of social organizations, what is more serious is that social organizations may give up litigation because they can't afford to pay the fees. But the procuratorial organ brings the environmental public interest lawsuit is still in the pilot stage, the social organization is still the main force of our country environment public interest lawsuit at present, once its lawsuit enthusiasm is attacked, will affect our country environment public interest lawsuit development. The reason for the high cost lies in: first, the amount of the object of environmental public interest litigation cases is often large, resulting in a high cost of accepting cases; second, environmental public interest litigation often involves complex investigation and evidence collection process. The third is the lack of economic sources of social organizations resulting in limited economic strength, its income compared to tens of thousands of dollars, hundreds of thousands of costs are really difficult. Therefore, in the current social organizations in our country environmental public interest litigation encountered the high cost of the bottleneck, how do we need to improve? What ways and means should be used to do so? And so on the question has caused the author to carry on the thorough ponder. This article is based on our country's procedures for payment of Litigation expenses, the interpretation of some problems in the law applicable to the trial of environmental civil public interest litigation cases by the Supreme people's Court, and the provisions of relevant laws and regulations. Combined with the financial situation of qualified social organizations in our country and the characteristics of "public welfare" in environmental public interest litigation at present, it is suggested that the state and the public should be included in the burden subject of environmental public welfare litigation, and the case acceptance fee should be collected on a piece-by-piece basis. The costs of litigation shall be borne by the losing party, the costs of the parties shall be borne by the defendant when the plaintiff wins the case, the expenses of the party concerned shall be borne by the state when the plaintiff loses the case, and other social subjects shall bear the costs of the litigation and the burden of the party's expenses through the act of donation. And put forward the multiplex way of the cost source to protect the environmental public interest litigation to give full play to its function. It is hoped that this burden rule can make up for the deficiency brought by the existing rules in China to a certain extent.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1

【参考文献】