河北法学2024，Vol.42Issue(7)：18-31,14.DOI:10.16494/j.cnki.1002-3933.2024.07.002
环境民事公益诉讼关系四论
On the Four Important Relationships Involved in Environmental Civil Public Interest Litigation
摘要
Abstract
In recent years,Chinas environmental civil public interest litigation has continued to develop in terms of construction of rules and practical exploration.To improve the environmental civil public interest litigation system,there are four relationships that should be dealt with properly:the competing claims between the environmental civil public interest litigation and the environmental civil private interest litigation,the overlapping functions of the environmental civil public interest litigation,the environmental administrative law enforcement and the environmental criminal prosecution,and the coexisting and interacting relationship between the closedness of environmental civil public interest litigation and the openness of the cognition,as well as the check and balance between the adjudicative and administrative aspects of environmental civil public interest litigation.The relationship between the above four aspects involves not only the nature,positioning and external coordination of environmental civil public interest litigation,but also the internal coordination of environmental civil public interest litigation and the scientific construction of specific rules,and therefore should be emphasized.关键词
环境/公益诉讼/民事诉讼/诉讼程序/关系Key words
environment/public interest litigation/civil litigation/legal proceeding/relationship分类
社会科学引用本文复制引用
段厚省..环境民事公益诉讼关系四论[J].河北法学,2024,42(7):18-31,14.
