环境行政公益诉讼制度的构建:台湾省的经验与借鉴  

Construction of Environmental Administrative Public Interests Litigation: Experience and Reference of Taiwan Province

作　　者：赵勇[1] 

机构地区：[1]乐山师范学院政法学院,四川乐山614000

出　　处：《乐山师范学院学报》2016年第11期115-123,共9页Journal of Leshan Normal University

摘　　要：随着经济的快速发展,我国环境问题也日益突出。2015年7月1日全国人大颁布有关公益诉讼试点的决定,开始试点环境行政公益诉讼。我国台湾省从1999年《空气污染防制法》开始,效仿美国环境立法,建立起了环境公民诉讼制度。台湾省环境公民诉讼制度建立十余年来,"最高行政法院"与各高等行政法院共审理了二十余件环境公民诉讼案件,澄清了一些法律所未明确规定的问题,有效地推动了台湾省环境运动的发展。台湾省环境公民诉讼的经验能够为我国环境行政公益诉讼制度的构建提供借鉴,在立法、程序、诉讼主体、受案范围等方面均有重要参考价值。With the rapid growth of the econo my,the environmental problem was increasingly obvious in China. To solve the problem,the pilot of the public interests litigation was issued by the Standing Committee of the National People＇s Congress in July 2015 and the environmental administrative litigation began to run on as well. Taiwan province had learned from America in legislation from environ-ment,imitating environmental citizen litigation of America,Air Pollution Control Act was established in1999,and Taiwan also built up the citizen lawsuit to protect environment. During the ten more years of building up the procedural system for citizens to protect environment in Taiwan,the ＂ Supreme Administrative Court ＂ and other supreme administrative court had heard more than 20 cases of citizen lawsuit related to environment. It also clarified some of the issues that are not clearly defined by the law and effectively promoted the development of environmental movement in Taiwan province. The experience of litigation to environment by citizens in Taiwan province had provided reference for the construction of mainland＇s administrative public interests litigation system of environment. It also had great reference value in legislation,procedure,subject of action,and scope of accepting cases.

关 键 词：环境 行政 公益诉讼 台湾省 公民诉讼 

分 类 号：D915.4[政治法律—诉讼法学]