CAJ | 학술논문

我国环境公益诉讼中的＂公益＂内涵可以分为两种：一种是人类共同的环境利益;一种是多个人的环境权益,只有人类共同的环境利益才是真正的公益。由于人类处在环境共同体之中,共同体成员对共同体的维护责任理论应该作为环境公益诉讼的理论基石。我国环境公益诉讼的制度安排应根据中国国情,建立法律解释型和立法型两种基本类型的制度路径。同时,环境公益诉讼研究应坚持发展逻辑与实证逻辑有机结合的学术研究方法。
아국배경공익소송중적＂공익＂내함가이분위량충：일충시인류공동적배경이익;일충시다개인적배경권익,지유인류공동적배경이익재시진정적공익。유우인류처재배경공동체지중,공동체성원대공동체적유호책임이론응해작위배경공익소송적이론기석。아국배경공익소송적제도안배응근거중국국정,건입법률해석형화입법형량충기본류형적제도로경。동시,배경공익소송연구응견지발전라집여실증라집유궤결합적학술연구방법。
In recent years,the research of environmental law and litigation law has paid more attention to the environmental public interest litigation.We think the connotation of ＂public interest＂ in the environmental public interest litigation can be divided into two types：one is the common human environmental benefit which is the real public interest;the other is the private environmental rights of many people.The theory that members of the community are responsible for protecting their environment should be used as the theoretical cornerstone of the environmental public interest litigation.We should establish two basic types of systems path including legal interpretation and legislative-type about system arrangement of environmental public interest litigation according to specific conditions in China.Moreover,the research of environmental public interest litigation should adhere to the academic method of combination of developed logic and empirical logic.