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本文以分析环境公益诉讼可以适用的事实类型为目的,以两起危险废物违法转移的污染事件的处理为切入点,运用法律分析方法分析了在危险废物产生者违法处置危废造成污染环境的事件中,危废产生者应当承担的民事责任和责任的范围,以及追究其民事责任的责任主体和权利主体。本文提出负责应对危废污染事件的人民政府是追究危废产生者环境损害民事责任的主体,由其提起的环境民事公益诉讼符合现行民事诉讼法的规定,有管辖权的人民法院应当受理。本文进一步提出为了更有效追究危废产生者的民事责任,法律应当进一步规定检察机关可以在人民政府不提起环境民事公益诉讼时,直接提起环境民事公益诉讼追究危废产生者的民事责任;以及公民或法人可以通过提起环境行政公益诉讼,要求政府履行职责,使环境公益诉讼真正成为追究污染者民事责任的利器。
The purpose of this article is to analyze the types of fact that environmental public interest litigation is applicable. Taking the handling of two pollution incidents as illegal transfer of hazardous wastes as the starting point, this paper analyzes the lawful analysis of the events that cause the environmental pollution caused by the illegal disposal of hazardous wastes , The scope of the civil liability and responsibility that should be borne by those who are in danger and the waste generation, as well as the principal and the right holder who hold their civil liability. This article proposes that the people’s government responsible for dealing with the hazardous waste incidents should be the main body of investigating the civil liability of environmental damage caused by the endangered and wasted persons. The environmental civil public interest lawsuit filed by the people’s court accords with the provisions of the current Civil Procedure Law and the people’s court with jurisdiction should accept the civil environmental law. This article further suggests that in order to more effectively investigate the civil liability of the victims of the crisis, the law should further stipulate that the procuratorial organs may directly bring civil civil liability for the victims of the environmental public welfare when the people’s government does not raise environmental civil public interest litigation; and citizens Or legal person can bring environmental administrative public interest litigation and request the government to perform its duties so that environmental public interest litigation can really become a weapon to investigate the polluter’s civil liability.