关键词: 环境公益诉讼, 诉讼模式重构, 制度本质

Abstract: From the current legislative and judicial practice,Chinas environmental public interest litigation presents the institutional model of “public power leading” and “democratic supplementary”,which deviates from the institutional essence and core value of environmental public interest litigation to a certain extent,resulting in many problems,such as subject dilemma,legal dilemma,institutional dilemma and so on.Through the investigation of foreign experience,China should uphold the concept of giving priority to administrative law enforcement,establish an incentive mechanism and develop environmental public interest litigation led by social forces.Concretely,it should focus on administrative public interest litigation and give full play to the function of judicial supervision;be supplemented by civil public interest litigation,and punitive compensation is used to play a deterrent function,in order to return to the essence of the environmental public interest litigation system.

Key words: environmental public interest litigation, reconstruction of litigation mode, institutional essence