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就目前的科技水平和人类眼界的限度而言,地球是我们赖以生存的唯一的家园。自从人类出现,难以避免的以人类中心主义为整个社会和群体前进的指向标。从工业化,城市化,人口爆炸开始,人类的行为给我们的自然资源和环境带来了难以想象的巨大压力,与之如影随形的是“公害”问题的日益严重。本文旨在找出公害案件的特点的基础上提出为应对“公害”案件的民事救济手段应当在完善代表人诉讼制度的基础上确立民事公益诉讼制度。
As far as the current technological level and the limits of human vision are concerned, the Earth is the only home on which we live. Since human beings emerged, it is unavoidable to use anthropocentrism as a guideline for the progress of the entire community and groups. From the beginning of industrialization, urbanization and population explosion, human behavior has brought unimaginable enormous pressure on our natural resources and environment. As a consequence, the issue of “public hazard” has become more and more serious. The purpose of this paper is to find out the characteristics of the cases of public nuisance and to put forward the civil public interest litigation system based on the perfect representative litigation system in order to deal with the “public nuisance” cases.