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随着社会的发展,我国加快环境立法步骤,已建立了一个相当规模的环境法体系。但是目前我国的环境质量仍旧不容乐观,环境纠纷有增无减,环境侵权事件时有发生。就目前环境保护的实践来看,仅凭借国家的行政干预措施很难满足保护公民环境权、维护生态利益的要求。对公民环境权实行有效保护,必须使之私法化,并配置对环境权的有效救济手段。正当防卫是私力救济的重要手段,在环境法里确立正当防卫制度能弥补公力救济的不足,从而更好地保护环境。
With the development of society, our country steps up environmental legislation has established a considerable scale of environmental law system. However, at present, the environmental quality of our country is still not optimistic, environmental disputes are increasing, and environmental infringement incidents occur from time to time. In the current practice of environmental protection, it is difficult to meet the requirements of protecting the environmental rights of citizens and safeguarding ecological interests only by means of state administrative interventions. To effectively protect citizens’ environmental rights, we must make them privately legalized and allocate effective remedies to environmental rights. Since proper defense is an important means of private remedies, establishing a proper defense system in environmental law can make up for the shortage of public relief so as to better protect the environment.