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ENGO作为区别于政府与市场的第三方主体,在我国环境保护和监督中越来越起着重要的引领和示范作用,例如,自我国新《环保法》实施以来,环境公益领域40余起诉讼案件中大部分由ENGO提起。然而,与大量的环境侵害行为和潜在案件量相比,进入环境公益诉讼渠道的显然微乎其微。环境公益诉讼“叫好不叫座”现象的背后则是我国公益诉讼制度设计理念的偏差和缺乏有效的环境公益诉讼激励机制。我国的ENGO环境公益诉讼激励尚属于起步阶段,国外关于ENGO环境公益诉讼的成功经验可给我们以启示:从资金、组织、人员、渠道、监管等方面完善我国ENGO环境公益诉讼激励机制,将激发ENGO环境公益诉讼的积极性和持久性,从而推动我国环境保护公益事业的发展。
As a third party subject to government and market, ENGO is playing more and more important role in environmental protection and supervision in our country. For example, since the implementation of the new “Environmental Protection Law” in our country, more than 40 lawsuits Most are filed by ENGO. However, compared to the large number of environmental violations and the potential number of cases, it is clear that the channels of entry into environmental public interest litigation are negligible. Environmental public interest litigation “Not good at calling ” is behind the phenomenon of China’s public interest litigation system design deviation and the lack of effective environmental public interest litigation incentive mechanism. The ENGO environmental public interest litigation incentive in our country is still in its infancy. The successful experience of ENGO environmental public interest litigation in foreign countries can give us enlightenment: perfecting the incentive mechanism of ENGO environmental public interest litigation in terms of capital, organization, personnel, channels and supervision will inspire ENGO environmental public interest litigation initiative and durability, so as to promote the development of China’s environmental protection and public welfare undertakings.