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环境民事公益诉讼一直是学界及实务界关注的热点话题。环境法学者及民事诉讼法学者将环境民事公益诉讼所追求的图景描绘为:救济生态环境损害,维护环境公益。《侵权责任法》作为我国当前环境民事公益诉讼的实体法依据,无论从损害的角度还是从权益的角度来审视之,都会发现:《侵权责任法》不能承受起环境民事公益诉讼之重,亦难以实现环境法学者及民事诉讼法学者对环境民事公益诉讼所寄予的厚望。环境民事公益诉讼的最终出路在于构建一部有别于传统私法的《环境损害赔偿法》,通过确立一种可诉的社会性权利来迎合其“直接保护社会公益,间接保护个体私益”的权利保护模式。
Environmental civil litigation has always been a hot topic of concern to academics and practitioners. Environmental law scholars and civil procedure law scholars portrayed the picture pursued by environmental civil public interest litigation as: Relieving ecological and environmental damage and safeguarding environmental public welfare. As the substantive law basis of China’s current environment civil public interest litigation, Tort Liability Act finds that tort liability law can not bear the weight of environmental civil public interest litigation both from the perspective of damage and from the perspective of rights and interests It is difficult to achieve the expectations placed by environmental law scholars and civil procedure lawyers on environmental civil public interest litigation. The ultimate way of environmental public interest litigation lies in the construction of an Environmental Damage Compensation Law that is different from the traditional private law and caters to its “direct protection of social welfare and indirect protection of private interests” through the establishment of a viable social right. The right to protect the model.