我国环境诉讼适格原告探析

Trail Investigation of the Qualified Environmental Lawsuit Plaintiff of our Country

环境诉讼的提起症结主要在于其以维护环境公益为使命而没有直接的利害对象,基于此,必须从维护公益的现实需要出发,结合我国环境监管体制的现状,来确定这类诉讼的原告资格。按照这样的思路,检察机关、公民和公益性环保团体都应被赋予环境诉权,政府及其环境行政部门则不是环境诉讼原告的合适选择。

The crux for starting a legal proceeding on the environmental question mainly lies in its taking maintaining the environmental public welfare as the mission without the direct interested objects.On the basis of this,it is necessary to determine the plaintiff qualification of this law suit by starting from the real need of maintaining the public interest combining with the present state of our country＇s.environmental supervising and control system.According to this train of thought,the procuratorial organ,the citizen and the welfare environmental protection group should all be given to environmental litigation right,but the government and its environment administrative departments are not the suitable choices for the environmental lawsuit plaintiff.