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随着生产力的飞速发展,环境问题日益突出,大气污染、水体污染、森林锐减、臭氧层空洞等等无不威胁着人类的生存和发展。环境公益诉讼是解决环境问题、保护国家、社会和公众环境权益的基本形式和有效途径,也是最后屏障。要有效地解决环境问题就必须加强对环境权的救济。但现行有关环境损害赔偿的立法规定过于笼统,民事立法和环境立法对环境损害赔偿的规定亦有不同,导致在司法实践中很难及时审理环境污染损害案件。本文从我国环境公益诉讼的实践出发,理性分析我国民事公益诉讼的现状,并以此探求合理解决环境公益纠纷的制度——环境民事公益诉讼。
With the rapid development of productivity, environmental problems have become increasingly prominent. Air pollution, water pollution, sharp decline in forests, the depletion of the ozone layer and so on all threaten the survival and development of mankind. Environmental public interest litigation is the basic form and effective way of solving the environmental problems and protecting the rights and interests of the state, society and the public. It is also the last barrier. To effectively solve the environmental problems, we must strengthen the remedy of environmental rights. However, the existing legislative provisions on compensation for environmental damages are too general, and there are differences between civil legislation and environmental legislation on environmental damages. As a result, it is very difficult to timely hear cases of environmental pollution damage in judicial practice. Based on the practice of environmental public interest litigation in our country, this paper analyzes rationally the current situation of civil commonweal litigation in our country and explores the system of environmental public interest litigation reasonably - environmental civil commonweal litigation.