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环境公益诉讼是公益诉讼制度在环境法领域的典型适用,对于环境公共利益的维护和保全举足轻重。我国环境公益诉讼制度严重缺位,建立环境公益诉讼法律制度具有必要性和紧迫性。根据环境公益诉讼的基础理论及我国现实状况,建立我国环境公益诉讼法律制度要注重四个方面:扩展适格原告、合理分担举证责任、改进诉讼费用承担方式、建立原告奖励制度。
Environmental public interest litigation is a typical application of public interest litigation system in the field of environmental law, and plays an important role in the maintenance and preservation of environmental public interest. The serious lack of environmental public interest litigation system in our country and the establishment of legal system of environmental public interest litigation are necessary and urgent. According to the basic theory of environmental public interest litigation and the reality of our country, we should pay attention to the following four aspects: to expand the plaintiff, to share the burden of proof rationally, to improve the way of litigation costs, and to set up the plaintiff reward system.