略论环境行政公益诉讼中的NGO——基于一个案例的联想

On NGO in the Environmental Administrative Public Welfare Lawsuit——A Case Study

NGO提起环境行政公益诉讼较个人具有独特的优势,美国公民诉讼与德国团体诉讼在此方面的实践比较成熟。借鉴美国与德国NGO环境行政公益诉权制度,中国可以在实体资格强化和诉讼程序改设两个层面克服NGO的现行运转困境,赋予其环境行政公益诉权,以其为突破口推动中国环境公益诉讼制度的建构及环保事业的发展。

NGO takes special advantages over the individual person in environmental administrative public welfare lawsuit. The maturity of American citizen suits and German group action is the illustration of the subject matter. Based on the analysis of American and German NGO system, China should enhance entity competence and change litigation procedure to overcome the difficulties of NGO current operation, to endue it with environmental administrative public welfare litigious rights, and to take it as an turning point to impulse the construction of Chinese environmental administrative public welfare lawsuit system and the development of career of environmental protection.