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德国行政诉讼中以主体公权利为核心的规范保护理论,一方面已经不能再适应许多环境法规缺少私益保护的现状,另一方面也难以适应国际法和欧盟法层面上环境司法救济权利不断扩展之发展。除保障直接的行政相对人的明确诉权外,在积极保障环境保护领域的第三人权益的同时,还需要引入环境法的社团公益诉讼。考察德国环境司法,可以了解到德国的环境司法是以行政诉讼为主,以私益诉讼为基础,但不断引入社团公益诉讼的发展中的体系。同时介绍了欧盟法院最新对德国环境司法实践中的社团诉讼的判例。反观我国环境司法中的一些问题,德国法可以给予一定的借鉴。最后对于近期在我国由环境保护行政机关提起之诉讼提出了个人见解。
On the one hand, the normative protection theory centered on the subject public rights in German administrative litigation can no longer meet the current situation that many environmental laws and regulations lack private protection, on the other hand, it is also difficult to adapt to the development of the expanding environmental judicial remedies under international law and EU law . In addition to safeguarding the explicit right of action of the direct administrative counterpart, while actively safeguarding the rights and interests of the third party in the field of environmental protection, it also requires the introduction of environmental public interest litigation in the community. An examination of environmental law in Germany shows that environmental judiciary in Germany is based on administrative litigation and is based on private interest lawsuits but is constantly being introduced into the developing system of corporate public interest litigation. At the same time, the EU court recently introduced the judgments of the community litigation in German environmental judicial practice. On the other hand, some problems in environmental judiciary in our country can give some reference to German law. Finally, I put forward my personal opinions on the lawsuit brought by the administrative organ of environmental protection recently in our country.