论文部分内容阅读
生态环境损害侵害了两种法益:公民的私法益和社会的公共法益。环境损害的救济包括个别化救济与社会化救济两种途径。长期以来,我国环境损害救济集中于个别化渠道,在责任承担、损害阻止、损害预防等方面都存在较大不足。我国已经初步建立起环境社会化救济的基本框架,但仍然存在很多问题。应当针对我国具体情况,建立和完善诉权行使便利的环境公益民事诉讼、主体范围合理、与行政诉讼法协调一致的环境公益行政诉讼以及“有案必移,有案必立”的环境执法与刑事司法衔接机制。
Ecological damage infringes on two legal interests: the private law and interests of citizens and the public law and interests of society. Relief of environmental damage includes individualized relief and socialized relief in two ways. For a long time, China’s environmental damage relief has focused on individualized channels, and there are major deficiencies in the aspects of assuming responsibility, preventing damage, and preventing damage. China has basically established the basic framework for environmental social relief, but many problems still exist. We should set up and perfect environmental public interest civil litigation which is convenient for the exercise of litigation rights according to the specific conditions in our country, and the environmental public interest administrative litigation with reasonable scope and reasonable coordination with the Administrative Litigation Law and the environmental law enforcement with “the case must move, the case must be established” Linkage mechanism with criminal justice.