环境民事公益诉讼制度作为维护环境公共利益的有效救济措施,已获得广泛认同。但由于环境民事公益诉讼在诉讼目的、诉讼主体、诉讼功能、责任形式等方面与普通的民事诉讼具有明显的不同,因而有关环境民事公益诉讼制度的建立不仅需要在立法路径、立法模式、立法体例等方面作出选择,而且更重要的还在于对环境民事公益诉讼在原告资格、诉讼形式、滥诉限制、诉讼费用、证据规则、责任形式、判决执行等具体制度上进行不同于普通民事诉讼的创新设计。 Environmental civil public interest litigation system as an effective remedy to safeguard the public interest in the environment has been widely recognized. However, because of the obvious difference between environmental public interest litigation and ordinary civil litigation in the purpose of litigation, the subject of litigation, the litigation function and the form of responsibility, the establishment of environmental civil litigation not only needs to be based on the legislative path, legislative mode and legislation And so on, and more importantly, it also carries out innovations different from ordinary civil litigation on specific civil environmental litigation such as plaintiff qualification, litigation form, abuse of litigation, litigation costs, rules of evidence, forms of responsibility and judgment execution design.