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近些年来,环境公益诉讼的研究逐渐得到学界重视,有关环境公益诉讼的案件也开始出现。在全国影响较大的案例有:广州石榴岗河污染公益诉讼案;“塔斯曼海”油轮海洋环境污染案;北京海淀区华清嘉园小区绿地环境公益诉讼案等。但这些案件是否都是真正意义上的环境公益诉讼案,尚值得商榷。事实上,正如蔡守秋教授所言“到目前为止,在我国真正意义上的环境公益诉讼案件并不多。”环境法学界与司法实务界都在不同程度上存在着混淆环境公益诉讼与传统环境侵权诉讼及代表人诉讼和集团诉讼的情况,而究其根源则在于对环境公益诉讼的性质
In recent years, the research of environmental public interest litigation has been paid more attention by the academic circles, and cases concerning environmental public interest litigation have also begun to emerge. Among the most influential cases in the country are: Guangzhou Pomegranate River Pollution Public Interest Litigation Case; Tasman Sea Oil Tanker Marine Environmental Pollution Case; Haidian District, Beijing Huaqing Jiayuan Residential Green Community Environmental Public Interest Litigation. However, whether these cases are true environmental public interest litigation cases is still debatable. In fact, as Professor Cai Shouqiu said, “So far, there are not many cases of environmental public interest litigation in our country.” Environmental law circles and judicial practice circles are confused to varying degrees with environmental public interest litigation and Traditional environmental infringement litigation and representative litigation and group litigation, but the root cause lies in the nature of environmental public interest litigation