一、问题的引入随着“两高”发布一系列司法解释,环境司法明显加强。这种司法治理的进路实则反映“权利——司法”的权利框架主流思维,与公众权利话语在环境法的实践渴望不谋而合。遗憾的是,其忽略了一个前提:这与大陆法系语境中司法救济权利的规律不符,环境案件司法审判的逻辑必然是一种法律明文规定的权利处于危险之虞或已经受到侵害,法院依一方申请开启司法审判。而现实是,我国环境权利只是停留在理论层面, First, the introduction of the problem With the “two high” issued a series of judicial interpretation, environmental justice significantly strengthened. This approach to judicial administration, in fact, reflects the mainstream thinking of the “rights-justice” framework of rights and does not coincide with the desire of public discourse to practice in environmental law. Regrettably, it ignores a premise: this is inconsistent with the law of judicial remedies in the context of civil law. The logic of the judicial trial of environmental cases is that the rights expressly provided by the law are at risk or have been violated. The courts Apply for judicial review according to one party. The reality is that China’s environmental rights just stay at the theoretical level,