环境公民诉讼的程序规制

赋予公民和环境NGO环境公益诉权,目前已成为我国法学界的一个共识。但是,环境公民诉讼制度不能仅仅赋予人们一项权利了事,还应该有完善的程序规则来规制和保障权利的行使。具体来说,应当建立以下程序规则:一是合理界定"诉的利益";二是合理设置起诉的前置程序;三是建立公益诉讼和私益诉讼双轨制;四是建立有效的诉讼成本控制机制;五是建立诉讼时效保障机制。

The Regulated Mechanism of Environmental Public Interest Lawsuit

Nowadays,it has been agreed to establish the systems of environmental public interest lawsuit and to entitle citizen and NGO to bring an environmental public interest lawsuit.However,only giving them the right is not enough,we should construct a series of relevant procedural systems,such as the plaintiff's interest in the action,the forms of the action,the pre-procedure of the action,double-track systems of public and private lawsuit,and reasonable statute of limitation,etc.