中国环境公益诉讼原告主体的优劣分析和顺序选择

Analysis on the Strength and Weakness and the Order Selection of Plaintiffs of China' s Environmental Public Interest Litigation

明确环境公益诉讼的原告主体是建立环境公益诉讼制度的核心。环境利益鲜明的公共性、社会性,使公共机构成为原告主体之一是必然选择,而环境利益的多主体交叉性和环境利益与其他利益的冲突性,使社会组织和公民个人代表环境公共利益也是必要的。分析各类潜在的环境公益诉讼主体的优势和不足,认为中国环境公益诉讼的主体应该多元化,法律应设立相应的程序,让最合适的主体有机会提起环境公益诉讼,从而使环境公益诉讼有效发挥其功能。

Plaintiff standing is the core issue of the establishment of environmental public interest litigation system. That public institutions must be one kind of the plaintiffs of this lawsuit dues to the significant characteristic of commonality and sociality of environmental interest. Environmental group and individuals also need to be the representatives of public environmental interest because of the multi-interest co-existence in environment. This article wants to analysis the strength and the weakness of each potential plaintiff of environmental public interest lawsuit, and then puts forward a suggestion of legal procedure to decide and select the most suitable subject to bring different public lawsuit to the court according to the different situation, thereby makes the environmental public interest litigation more effectively.