环境民事公益诉讼关系四论OA北大核心CHSSCDCSSCI

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.