论环境民事公益诉讼的适格原告

On the Suitable Qualified Plaintiffs in the Litigation of Environmental Public Interest

2012年新修改的《中华人民共和国民事诉讼法》第55条规定,"法律规定的机关和有关组织"可以对"污染环境等损害社会公共利益的行为"向人民法院提起诉讼,由此揭开了我国环境民事公益诉讼的新篇章。但是,新修改的《民事诉讼法》并没有进一步明确"法律规定的机关"和"有关组织"的范围。通过对环境民事公益诉讼司法实践的考察和分析,环境保护行政机关应该作为环境民事公益诉讼最适格的原告、检察机关可以作为环境民事公益诉讼的适格原告,二者应当属于"法律规定的机关"的范围;"有关组织"宜界定为以环境保护为主旨,经依法登记或者免予登记的非营利性社会团体、民办非企业单位、基金会等提供环境公益性服务的组织。

New amending Article 55 of the Civil Procedure Law first originates that the authorities provided by law and the relevant organizations can lodge a lawsuit with the court for environmental pollution. And it opens a new chapter of the civil litigation for environmental public interest in China. But the authorities provided by law are un- clear. It also needs to be demonstrated that whether the authorities include the prosecution. Furthermore, the rele- vant organizations need to be defined the scope. Aiming at the analysis about juridical practice of the civil subject qualification of the authorities provided by law and the relevant organizations, it proposes that the environmental ad-ministrative authorities should be the most suitable qualified litigants in the environment public interest litigation, and the procuratorial organs could act as qualified litigants in the environment public interest litigation. And then it makes recommendations that the relevant organizations should be defined as the one offering environmental public in-terest services just like the non - profit social groups , the non - enterprise units and the foundation which is aiming at protecting the environment , registered according to law or exempted from registered.