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随着环境污染的日益严重,在法治社会中如何通过司法保障公共环境权利已广为人们所关注,并从理论与实践上取得了一定成效。但总体而言,环境司法的发展与现有的环境状况仍不相称。法律规定和应有制度的缺失,使得环境公益诉讼从实体到程序的正当性均受到质疑。面对困境,需要从立法、观念、技术到制度进行一系列的变革,在立法上为环境诉讼提供正当性依据与源泉,在观念上让环境权利得到张扬,并规范损失评估、完善配套制度,为环境诉讼提供技术和执法支持。确保环境司法功能的有效发挥。
With the increasing pollution of the environment, how to protect the rights of the public environment through the judiciary in the society under the rule of law has been widely concerned about by people and has achieved some results in theory and practice. Overall, however, the development of environmental justice is not commensurate with the current state of the environment. The absence of legal provisions and due systems makes the environmental public interest litigation from the entity to the procedure of the legitimacy are questioned. Faced with the dilemma, we need to make a series of changes from legislation, concept and technology to the system, provide legitimacy basis and source for environmental litigation in legislation, let the concept of environmental rights be publicized, regulate the loss assessment, perfect the supporting system, Provide technical and law enforcement support for environmental litigation. To ensure the effective functioning of environmental justice.