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随着环境污染民事诉讼的案件逐渐增多,传统诉讼制度的问题和缺陷日益显露,环境民事诉讼制度的薄弱使得受害人陷入了困境。存在当事人进行环境诉讼难、得到胜诉判决与胜诉后执行难等问题。主要原因有我国环境诉讼机制不完善、地方政府的干预、法官素质不适应、律师素质不适应等。解决这一问题需要我国完善环境诉讼机制、扩大被诉对象、明确污染赔偿体制等。为切实保护受害人的权利,文章将从以上几个方面分别进行阐述与探讨。
With the increasing number of civil litigation cases of environmental pollution, the problems and defects of the traditional litigation system have become increasingly exposed. The weakness of the environmental civil litigation system has put the victim in a dilemma. There are parties to the environmental litigation difficult to win the verdict and the successful enforcement of enforcement and other issues. The main reason is the imperfect environment litigation mechanism in our country, the interference of local government, the incompetence of judges and the incompetence of lawyers. To solve this problem, China needs to improve the environmental litigation mechanism, expand the respondents, clarify the pollution compensation system. In order to effectively protect the rights of victims, the article will elaborate and discuss separately from the above aspects.