论我国环境公益诉讼与环保民间组织
发布时间：2018-08-03 06:44
【摘要】： 我国环境纠纷日益增多,但作为环境正义最后的救济手段,我国环境诉讼由于法律制度的不完善、民间环保力量的不成熟、法院对此的准备不充分以及整个社会环境和公众意识的欠缺,并未实现其维护社会正义、推动环境保护、促进环境立法的功能。完善环境诉讼需要多方面的努力,以环保民间组织为主体建立起我国的环境公益诉讼可成为一个恰当的切入点,这一方面是因为在环境公共利益保护中政府和公众个人所遭遇的困难,另一方面也是因环保民间组织的公益倾向、民主基础和特有优势,而环境公益诉讼无疑是最能发挥其力量和功能的领域。 本文首先从我国环境诉讼的困境及原因着眼,在分析相应对策的基础上,提出宜以环保民间组织参与环境公益诉讼为切入,并从必要性和可行性两方面进行了分析。但是环保民间组织参与环境公益诉讼并不是简单地建立一个制度就可以了事的,因此本文接着分别从三个方面进行了论述:一是主体完善即环境保护民间组织自身的发展,针对我国环保民间组织的现状,说明应从法律制度、自身建设及社会环境方面发展壮大环保民间组织;二是硬环境完善即以环保民间组织为主体的环境公益诉讼制度的建立,以欧洲环境公益诉讼特别是德国的团体诉讼为借鉴,构建适合我国的环境公益诉讼制度;三是软环境完善即该制度的外部环境支撑,说明环境公益诉讼还需要相关的保障制度和社会意识支持,只有各因素综合作用,环保民间组织参与的环境公益诉讼才能在我国环境诉讼中收到较好的效果。
[Abstract]:Environmental disputes in our country are increasing day by day, but as the last relief means of environmental justice, environmental litigation in our country is not mature due to the imperfection of legal system and the immaturity of folk environmental protection forces. The court's inadequate preparation and the lack of the whole social environment and public consciousness failed to realize its function of safeguarding social justice, promoting environmental protection, and promoting environmental legislation. The improvement of environmental litigation requires many efforts. Setting up environmental public interest litigation in our country with environmental protection non-governmental organizations as the main body can become an appropriate starting point. This is due, on the one hand, to the difficulties encountered by the government and public individuals in the protection of environmental public interests, and on the other hand, to the public interest tendencies, democratic foundations and unique advantages of environmental protection non-governmental organizations. Environmental public interest litigation is undoubtedly the most powerful and functional field. Based on the analysis of the corresponding countermeasures, this paper first points out the difficulties and causes of environmental litigation in our country, and puts forward that it is appropriate to take the participation of environmental non-governmental organizations in environmental public interest litigation as the starting point, and analyzes the necessity and feasibility of the two aspects. However, the participation of environmental non-governmental organizations in environmental public interest litigation is not a simple establishment of a system can be solved, so this paper then discusses from three aspects: first, the development of environmental protection non-governmental organizations, that is, the development of environmental civil organizations. In view of the current situation of environmental protection non-governmental organizations in China, it is pointed out that we should develop and strengthen environmental protection non-governmental organizations from the aspects of legal system, self-construction and social environment, and second, the establishment of environmental public interest litigation system with environmental protection non-governmental organizations as the main body is the improvement of hard environment. Based on the European environmental public interest litigation, especially the group action in Germany, the author constructs the environmental public interest litigation system suitable for our country. Third, the soft environment is perfect, that is, the external environment support of the system. It shows that the environmental public interest litigation still needs the relevant safeguard system and the social consciousness support, only each factor comprehensive function, the environment public interest lawsuit which the environmental protection non-governmental organization participates can obtain the better effect in our country environment lawsuit.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;X321
本文编号：2160862
[Abstract]:Environmental disputes in our country are increasing day by day, but as the last relief means of environmental justice, environmental litigation in our country is not mature due to the imperfection of legal system and the immaturity of folk environmental protection forces. The court's inadequate preparation and the lack of the whole social environment and public consciousness failed to realize its function of safeguarding social justice, promoting environmental protection, and promoting environmental legislation. The improvement of environmental litigation requires many efforts. Setting up environmental public interest litigation in our country with environmental protection non-governmental organizations as the main body can become an appropriate starting point. This is due, on the one hand, to the difficulties encountered by the government and public individuals in the protection of environmental public interests, and on the other hand, to the public interest tendencies, democratic foundations and unique advantages of environmental protection non-governmental organizations. Environmental public interest litigation is undoubtedly the most powerful and functional field. Based on the analysis of the corresponding countermeasures, this paper first points out the difficulties and causes of environmental litigation in our country, and puts forward that it is appropriate to take the participation of environmental non-governmental organizations in environmental public interest litigation as the starting point, and analyzes the necessity and feasibility of the two aspects. However, the participation of environmental non-governmental organizations in environmental public interest litigation is not a simple establishment of a system can be solved, so this paper then discusses from three aspects: first, the development of environmental protection non-governmental organizations, that is, the development of environmental civil organizations. In view of the current situation of environmental protection non-governmental organizations in China, it is pointed out that we should develop and strengthen environmental protection non-governmental organizations from the aspects of legal system, self-construction and social environment, and second, the establishment of environmental public interest litigation system with environmental protection non-governmental organizations as the main body is the improvement of hard environment. Based on the European environmental public interest litigation, especially the group action in Germany, the author constructs the environmental public interest litigation system suitable for our country. Third, the soft environment is perfect, that is, the external environment support of the system. It shows that the environmental public interest litigation still needs the relevant safeguard system and the social consciousness support, only each factor comprehensive function, the environment public interest lawsuit which the environmental protection non-governmental organization participates can obtain the better effect in our country environment lawsuit.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;X321
【引证文献】
相关硕士学位论文 前4条
1 曹英妲;我国环境公益诉讼“破冰”案之法律分析[D];兰州大学;2011年
2 马莹;我国环保NGO参与环境公益诉讼之法律探究[D];大连海事大学;2009年
3 曾丽媛;民间环保组织在环境公益诉讼中的法律地位研究[D];中南林业科技大学;2012年
4 张春颜;中国构建生态型政府的问题与对策分析[D];燕山大学;2011年
，本文编号：2160862
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