环境公民诉讼制度起源于美国,与传统的民事、行政诉讼制度相比有着明显的特点,在环境保护中发挥着重要的作用。借鉴国外立法经验,建议我国遵循以下思路构建环境公民诉讼制度:一是赋予公民和NGO提起环境公民诉讼的原告资格;二是设立民事诉讼和行政诉讼两种诉讼类型;三是环境公民诉讼与环境权益诉讼进行二元分离;四是构建配套的激励机制。 Environmental citizen litigation system originated in the United States, and the traditional civil and administrative litigation system has obvious characteristics compared with the environmental protection plays an important role. Reference to the experience of foreign legislation, it is recommended that China follow the following ideas to build environmental citizen litigation system: First, to give citizens and NGOs environmental plaintiffs to file environmental citizenship qualifications; the second is to establish civil litigation and administrative litigation two types of litigation; third environmental citizen litigation and the environment The rights and interests of litigation binary separation; the fourth is to build a supporting incentive mechanism.