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目前我国司法实践中正在推行的环境公益诉讼,是一种自上而下的“公权”推动模式,且是在缺乏相关法律规定的情况下进行的。从世界范围来看,以民间力量,特别是环保NGO作为推动环境公益诉讼的主力军,是一个普遍做法。我国环保NGO在参与环境公益诉讼时面临着起诉资格、社团管理、软硬设施、诉讼费用等方面的障碍,在相当程度上影响其功用发挥。为此,有必要在体制和机制上进行改革,以促进环保NGO良性发展,进而推动环境公益诉讼的有序开展。
At present, the environmental public interest litigation being promoted in judicial practice in our country is a top-down model of “public power” promotion, which is carried out in the absence of relevant legal provisions. From a global perspective, it is a common practice to use non-governmental forces, especially environmental NGOs, as the main force in promoting environmental public interest litigation. Environmental NGOs in our country are facing the obstacles in prosecuting eligibility, community management, software and hardware facilities, litigation costs and so on when participating in environmental public interest litigation, to a great extent affecting their functions. Therefore, it is necessary to reform the system and mechanism so as to promote the healthy development of environmental NGOs and promote the orderly development of environmental public interest litigation.