随着我国市场经济的发展,企业的大量建立和工业的不断强大不可避免的带来了环境污染等问题,不合理的开发利用资源或进行工程建设,引起了一系列生态环境与自然资源的破坏,不仅危害民众的身心健康,而且已经成为制约我国经济持续良性发展的一个重要因素。从目前我国现行法律规定看,环境侵权领域侵害公共利益,应当承担法律责任,但是对侵害公共利益的行为,目前可以追究行政责任及刑事责任,而较少或很难追究民事责任。本文试从法律和政策基础、理论基础和司法实践基础三个角度分析我国有必要通过建立环境民事公益诉讼制度,真正保障公共利益不受侵害。 With the development of our country’s market economy, the massive establishment of enterprises and the continuous and powerful industry inevitably bring about such issues as environmental pollution. The unreasonable exploitation and utilization of resources or the construction of projects have caused a series of ecological environment and destruction of natural resources , Not only endanger people’s physical and mental health, but also become an important factor that restricts the sustained and benign economic development in our country. Judging from current laws and regulations in our country, infringement of the public interest in the field of environmental infringement should bear legal responsibility. However, for violations of the public interest, administrative responsibilities and criminal liability can be investigated at present, and civil liability is less or less likely to be pursued. This article attempts to analyze from the legal and policy basis, the theoretical basis and the judicial practice of three perspectives of our country through the establishment of environmental civil public interest litigation system, the real protection of the public interest from infringement.