论文部分内容阅读
在我国环保部门执法弱势的情况下,鼓励环境公益诉讼具有现实必要性。法律应给予普通公民以提起环境公益诉讼的权利,以昭显公民环境权的本意,培养全民的法律意识。面对企业作为破坏环境的主体,检察机关必要时可代表社会对侵权人提起公诉,以补充公民环境公益诉讼发起的不确定性。法律还应在归责原则、举证和激励措施等方面做出调整以便利环境公益诉讼的进行。
Under the circumstance that law enforcement of our country’s environmental protection department is weak, it is necessary to encourage environmental public interest litigation. The law should be given to ordinary citizens to bring environmental public interest litigation rights, to show the original intention of citizens’ environmental rights and to cultivate legal awareness of the whole people. Facing the enterprise as the main body that destroys the environment, the procuratorial organ may prosecute the infringer on behalf of the society when necessary, so as to supplement the uncertainty of launching the public environmental public interest litigation. The law should also make adjustments to the principles of attribution, evidence and incentives to facilitate environmental public interest litigation.