关键词: 环境侵害, 司法救济, 缺口

Abstract: In recent years, disputes caused by environment infringement happened frequently and has become harmful factor affecting social stability and harmony and one of the three incentives of mass incident. But few cases of such right disputes entered into the judicial relief procedures according to the number of the cases concerning environment infringement accepted by the judicial departments at different levels. The public poor law consciousness is usually ruled out as cause for the judicial relief mechanism failing to function in solving disputes arising from environment infringement by applying relief right and diminishing disputes. The error of the attribution is the lack of judgment of the public self-independent value and respect of their right to speak, as to cause the neglecting of decisive precondition in considering judicial relief for environment infringement. The investigation result of the public consciousness for environment right shows that there are two factors that prevent the conflicts caused by environment interest from entering into judicial procedures: the insufficient discovery of the demands of judicial relief from the public about the environment right and poor supplement of judicial relief system.

Key words: environment infringement, judicial relief, insufficiency