我国环境公益诉讼制度之构建

在现代社会环境问题日益突出的情况下,为适应保护环境公益的迫切需要,我国有必要构建环境公益诉讼制度.论述了环境公益诉讼的概念、特征及其法理基础,并对构建我国环境公益诉讼制度的范围、原告、举证责任配置和诉讼费用负担等方面提出构想.

System Construction of Environmental Lawsuit of Public Good

Under the circumstance of ever protruding social environmental problems, in order to meet the urgent need of environmental protection, the establishment of the litigation system for the public environmental welfare signifies a great necessity. This paper discusses the conception, character and jurisprudence of the environmental civil litigation for public advantages. Furthermore from some aspects, such as the body of qualification, the sphere of cases, the reasonable allocation evidential burden and the fairly expense in litigation, a structure of the environmental civil litigation for public advantages is conceived.