论环境侵权民事诉讼的适格当事人

On the Proper Parties in the Civil Action of Mass Environment Tort

按照民事诉讼法"原告必须与本案有直接利害关系"的规定,环境侵权民事诉讼的适格原告包括行政机关、企业法人、农村集体组织及公民等类型,其中普通民众作为原告容易形成群体性共同诉讼,并对我国的代表人诉讼制度提出迫切需求,而一般民众的惧诉现实也急需环保机关及环保民间组织等单位予以支持起诉,现实更需要立法赋予更多的民事主体能成为环境侵权诉讼的适格原告。对环境侵权诉讼适格被告应根据不同的共同环境侵权类型及相应的责任承担方式予以认定,并对原告的选择被告处分权作出适当干预。

On the basis of the stipulations of ＂the prosecutor should have the direct relationship of advantages and disadvantages with the case in question＂ in civil action law, the proper prosecutors of the mass environment tort litigation consist of such categoeries as the administrative departments, the juridical persons of an enterprise, the countryside collective organizations and citizens, of which the average populace as the prosecutors are prone to form colony joint litigation, and put forward a stringent demand for the representative action system in China. Simutaneously the average populace who are afraid of litigation needs the support from environmental departments and envir- onmetal protection civil organiztions and then put into lawsuit. More urgently the reality needs to make the law in order to endow more civil subjects with rights so that they may become the proper prosecutors of mass environment tort litigation. The identification of the proper defendant of mass environment tort litigation should be made according to different types of joint environment tort and some respective means of responsibility - undertakting, and the prosecutor＇s right of choice for punishing the defendant should also be interfered as well.