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近年来,伴随着我国经济的快速发展,环境污染不断加剧。在此背景下,环境公益诉讼日益受到理论界和司法界的重视。公益诉讼可以由具有原告资格的主体提起。相对于个人提起公益诉讼的情形,环保团体在公益性、专业性和社会普遍接受性等方面具有显著的优势。我国的环境公益诉讼制度在法律上确立的时间很短,相关规则尚未构建,借鉴外国的成功经验尤为必要。在荷兰,由于环境立法及环境判例上的认可,越来越多的环保团体通过提起环境公益诉讼的方式维护环境公益。本文考察荷兰环境公益诉讼制度的发展进程,探讨环保团体参与环境公益诉讼的具体制度设计,并选取具有代表性的公益诉讼案件进行评析,以期待为完善我国环境公益诉讼制度提供有益借鉴。
In recent years, with the rapid economic development in our country, environmental pollution has been aggravating. In this context, environmental public interest litigation is increasingly valued by theorists and the judiciary. Public interest litigation may be filed by a body that is qualified as a plaintiff. Compared with the case of public interest litigation, environmental groups have significant advantages in public welfare, professionalism and universal social acceptance. China’s environmental public interest litigation system is legally established for a short time, the relevant rules have not been constructed, learn from the successful experience of foreign countries is particularly necessary. In the Netherlands, due to environmental legislation and environmental sanctions, more and more environmental groups maintain environmental public welfare by bringing environmental public interest litigation. This article examines the development process of the environmental public interest litigation system in the Netherlands, explores the specific system design for environmental groups to participate in environmental public interest litigation, and selects representative public interest litigation cases for evaluation in order to provide a useful reference for perfecting the environmental public interest litigation system in our country.