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由于行政机关执法不到位,加之传统普通法救济不力,二战后美国环境治理一直收效甚微。1970年《清洁空气法》创设旨在保护环境公共利益的新型诉讼模式即环境公民诉讼,这标志着美国环境治理进入一个崭新的阶段。环境公民诉讼因其设计独特先进,发挥了强大监控功能、良性制衡功能、有效补充功能、强效救济功能和重构功能,从而促使行政机关严格执法和企业认真守法,有力地促进了美国的环境治理。
Due to the inadequacy of law enforcement by the executive authorities and ineffective relief of the common law, the environmental governance in the United States after World War II has been ineffective. In 1970, the Clean Air Act created an environmental lawsuit that is a new type of lawsuit aimed at protecting the public interest in the environment, marking a brand new stage of environmental governance in the United States. Due to its unique and advanced design, environmental citizen litigation has exerted a strong monitoring function, a benign check and balance function, an effective complementing function, a powerful relief function and a reconstruction function, thus promoting strict enforcement by law enforcement agencies and strict compliance by enterprises and effectively promoting the environment of the United States Governance.