近年来日益频繁发生环境侵害纠纷已经成为影响社会安定和谐的重大因素,成为群体性事件的三大诱因之一。然而从各级法院受理的环境侵害救济案件数量上看,此类权益纠纷进入司法救济途径的并不普遍。对于司法救济机制未能在环境侵害纠纷中充分发挥救济权利、化解矛盾作用的原因,通常被归究于公众的法律意识不强。这一归因的根本缺陷在于缺乏对公众的自主价值判断和话语权的尊重,从而导致对环境侵害司法救济问题的思考忽视了具有决定意义的前置条件。针对公众环境权利意识的调查结果显示,阻碍环境利益冲突走向司法审判程序的因素有二:一是公众环境权利司法救济需求的发现不足;二是司法救济制度供给的不足。 The increasingly frequent disputes over environmental violations in recent years have become major factors that affect the stability and harmony of society and have become one of the three major causes of mass incidents. However, judging from the number of environmental infringement cases accepted by courts at all levels, it is not common for such rights and interests to enter the judicial remedy. The reason why the judicial remedy mechanism fails to give full play to the remedy rights and resolve the contradictions in environmental infringement disputes is usually attributed to the public’s legal awareness is not strong. The fundamental flaw of this attribution lies in the lack of respect for the public’s self-determination of value and the right to speak, which leads to the consideration of the issue of judicial relief for environmental violations that overlooks the decisive preconditions. According to the findings of the public awareness of environmental rights, there are two factors that hinder the conflict of environmental interests from going to judicial proceedings: First, the discovery of the need of judicial relief for public environmental rights is not enough; second, the inadequate supply of judicial relief system.