关于我国环境侵权起诉资格要件改进和被诉对象的建议

Suggestion about Improving Prosecuting Qualifications of Environmental Torts and Prosecuted Object

环境侵权行为对受害人的侵害一般具有间接性,因而适用传统法律规定便阻却受害人诉讼途径。许多国家为制裁这一现代社会的新型侵权行为,在法律上放宽起诉资格和扩大被诉对象。我国现行法律仍表现出对环境侵权受害人维护自身合法权益、制裁环境侵权行为人违法行为的司法请求限制过多和有关规定条文含义模糊而难以实施,因而我国亦应适当放宽起诉资格要件和扩大被诉对象范围。

Environmental torts' indirection impeded the victims' litigation way under traditional legal provisions. To punish the new-typical environmental torts in morden society, many countries relaxed the prosecuting qualifications and expanded the prosecuted object. In Chinese present law, the restriction was too much for victims of environmental torts to defend legal rights and judicially requesting and to punish environmental torts, also the clause meaning of legal provisions were too indistinct to be implemented. So it should appropriately relax the prosecuting qualifications and expand the limits of prosecuted object in China.