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新《民事诉讼法》确立了环境公益诉讼制度。法律规定的机关和有关组织可以针对污染环境的行为提起诉讼。在实践中,环境公益诉讼遭遇重重障碍,步履维艰。在我国,行政机关提起环境公益诉讼更具优越性,可以提高司法效率,有效保障环境公益。文章运用经济学分析行政机关提起环境公益诉讼的合理性以及面临的困境。行政机关提起环境公益诉讼对于推动环境公益诉讼的发展有着重要的意义。
The new “Code of Civil Procedure” established the environmental public interest litigation system. Authorities and relevant organizations provided for by law may institute legal actions against environmental pollution. In practice, environmental public interest litigation has encountered numerous obstacles, struggling. In our country, administrative agencies bring more advantages in environmental public interest lawsuit, which can improve judicial efficiency and effectively protect environmental public welfare. The article uses economics to analyze the rationality and difficulties faced by administrative organs in bringing environmental public interest litigation. It is of great significance for administrative agencies to initiate environmental public interest litigation to promote the development of environmental public interest litigation.