论文部分内容阅读
现如今科技发展推进人类文明的进步和市场经济对的发展,人们对良好的生存环境也有了更高的诉求,因此境污染问题引起了更多人的重视并逐渐凸显了出来。于是在这样的背景下,我国对环境公益诉讼作出了更深入的探究,也由此暴露了更多的法律问题,例如原告的地位处于弱势、法律中对于提出诉讼的自然人资格界限含糊不清、由于缺乏专业知识和案件成本打消了自然人提起诉讼的积极性等,但也因为这些问题避免了此类案件的滥诉现象,因此在此发展过程中要保持原来的优点的同时还要摆脱这些桎梏。此外还需要社会舆论监督和法律援助相辅相成,为原告提供必要的法律救助,从而实现公益诉讼对于公民共同利益保护的价值,运用完善的法律体系作为引起人们对社会问题与环境问题的关注和保护弱势个人和群体权利的手段。
Nowadays, with the development of science and technology promoting the progress of human civilization and the development of market economy, people also have higher demands for a better living environment. Therefore, the pollution problem has drawn more and more attention. So in this context, our country has made a more in-depth exploration of environmental public interest litigation, which also exposed more legal issues. For example, the plaintiff’s position is in a weak position. In the law, the limits of qualifications of natural persons who sue for litigation are ambiguous, Due to the lack of professional knowledge and the cost of the case, the enthusiasm of natural persons in initiating legal proceedings is dispelled. However, because these problems have avoided the abuse of such cases, they have to maintain their original advantages and at the same time, get rid of these shackles. In addition, public opinion supervision and legal aid are also required to complement each other and provide necessary legal aid to the plaintiff so as to realize the value of public interest litigation for the protection of the common interests of citizens and to use a sound legal system as a cause of concern and protection for social and environmental issues Means of personal and group rights.