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环境民事公益诉讼伴随着社会的发展而不断出现,解决环境纠纷已经是不可避免的挑战。环境诉讼本身在我国法律理论上即缺乏支持,使环境民事公益诉讼处于尴尬的境地。这需要我们尽快确立公民环境权为我国公民的基本权利,弥补我国环境民事公益诉讼中立法的不足。同时在实体上保证公民充分参与和保护社会公共环境权益,在程序上确立适格的当事人,完善环境民事公益诉讼中举证责任,探求解决纠纷之适宜途径。
Environmental civil public interest litigation continues to emerge along with the development of society. Solving environmental disputes is an inevitable challenge. Environmental litigation itself is lack of support in the legal theory of our country, leaving the environment civil public interest litigation in an awkward position. This requires us to establish as soon as possible the rights of citizens as the basic rights of our citizens to make up for the lack of legislation in the environment of civil public interest litigation. At the same time, it should also ensure that citizens fully participate in and protect the rights and interests of the public in the society, establish appropriate parties in procedures, improve the burden of proof in environmental public interest litigation, and explore appropriate ways to resolve disputes.