论文部分内容阅读
近年来我国环境公益诉讼主体趋于多元化,通过分析我国有关环境公益诉讼的规范性文件,笔者认为行政机关特别是环保部门作为环境公益诉讼原告比其他主体更具优越性。为了保证环保部门权利行使的正确性和及时性,借鉴国外环境公益诉讼的经验,应该赋予公民督促权和环境诉讼权,以起到监督和制约作用。通过行政部门的参与和公民监督,我国的环境公益诉讼将逐渐步入制度化。
In recent years, the subject of environmental public interest litigation in our country tends to be diversified. By analyzing the normative documents about environmental public interest litigation in our country, the author thinks that the administrative organ, especially the environmental protection department, is superior to other subjects as environmental public interest litigation. In order to ensure the correctness and timeliness of the exercise of the right of the environmental protection department and to learn from the experience of foreign environmental public interest litigation, it is necessary to give citizens the right to supervise and urge the right to environmental litigation in order to play a supervisory and restrictive role. Through the participation of administrative departments and the supervision of citizens, China’s environmental public interest litigation will gradually be institutionalized.