重庆理工大学学报2025，Vol.39Issue(14)：106-119,14.DOI:10.3969/j.issn.1674-8425(s).2025.07.008
环境民事公益诉讼的司法困蹇与制度弥合
The judicial dilemma and institutional bridging of environmental civil public interest litigation
摘要
Abstract
The environmental civil public interest litigation system in China is gradually perfected.However,by combing,summarising and analysing 159 typical environmental civil public interest litigation,the study finds that there are still many judicial difficulties,such as the high rate of prosecution withdrawal and the generalisation cause of the withdrawal,the high rate of plaintiff's failure,the high cost of litigation,the sloppy rules of transfering jurisdiction to the Basic Courts of People.The root cause can be found in their legislative design.There are a lack of public welfare measure refering to the plaintiff's right to withdraw,a lack of social sharing refering to the plaintiff's litigation costs,a lack of multiple trade-offs refering to the transfer of jurisdiction,which triggers a lot of discomforts when environmental civil public interest litigation is applied to the traditional civil litigation rules.Therefore,there is an urgent need to clarify the system for reviewing the exercise of the right to withdraw prosecution,narrowing the scope of the rules designed to share the costs of litigation and system construction,and refining the evaluation criteria of transfering jurisdiction and exceptions setting.关键词
环境民事公益诉讼/撤诉权/诉讼成本/管辖权转移Key words
environmental civil public interest litigation/right to withdraw/litigation cost/transfer of ju-risdiction分类
社会科学引用本文复制引用
闫海,朱少兵..环境民事公益诉讼的司法困蹇与制度弥合[J].重庆理工大学学报,2025,39(14):106-119,14.基金项目
辽宁省社会科学规划基金重点建设学科项目"推进生态文明建设的发展型税法研究"(L24ZD032) （L24ZD032）
