环境保护与经济发展的天然矛盾,加上公民公益诉权的制度性缺失,导致环保自力救济模式盛行。环境利益常常是公益与私益的竞合,因此,赋予公民环境公诉权既可行且必要,国外成熟经验与国内实务探索已经有力地予以证明。公民环境公诉是环境公诉制度的重要内容,也是应对环境公地悲剧最有效的制度化途径。公民环境公诉制度包括立法模式、准入途径、立法原则与具体制度。具体制度包括受案范围、原告资格、被告确定、举证责任分配、责任原则、责任形式、激励制度等。 The natural contradiction between environmental protection and economic development, coupled with the institutional deficiencies of public interest litigation, has led to the prevalence of self-help environmental protection. Environmental interests are often the competing benefits of public welfare and private interests. Therefore, it is feasible and necessary to grant the public environmental right to public prosecution. The mature experience of foreign countries and the exploration of domestic practice have been vigorously proved. Public environmental litigation is an important part of environmental public prosecution system and the most effective way to institutionalize the tragedy of public environmental land. The civil environment public prosecution system includes the legislative mode, the access way, the legislative principle and the concrete system. The specific system includes the scope of the case, the plaintiff qualification, the defendant to determine the burden of proof, the principle of responsibility, responsibility forms, incentives and so on.