论环境公益诉讼原告的诉讼资格——以美国判例法为基础

On the Plaintiff's Eligibility in Environmental Public Litigation——On the Basis of the Case Law in America

美国的环境公民诉讼在四十几年的发展和完善过程中形成的大量判例,对该制度在原告诉讼资格方面的创新和发展起到了重要的推动作用。相比于美国,我国在环境公益诉讼的立法及司法实践方面都处于起步阶段。尤其在环境公益诉讼方面,尽管我国贵阳等地区开创了环境公益诉讼的"贵阳模式",司法实践中也逐渐出现了主要以公民个人、相关组织、团体、检察机关为原告的环境公益诉讼案件,但因相关立法尚不完善,导致各地法院在对该类案件的受理、审理方面没有统一做法,大多数案件陷入了"社团难受理,个人多败诉"的困境。因此,应适当借鉴美国的环境公益诉讼制度在适格原告选择方面的经验,尽快建立和完善我国环境公益诉讼制度。

Having developed for more than four decades. America＇s environmental citizen suit system has accumulated a large number of precedents, greatly promoting the innovation and development in the regime of plaintiff＇s eligibility. Compared with America. China＇s legislation and judicial practice in environmental public litigation still remains in its infancy. Some areas in China have initiated practices of environmental public litigation, such as ＂Gniyang Mode＂, and the environmental public litigations brought by individual citizens, organizations, groups, the procuratorial organs are inereasing. However, because related lcgislatio, is incomplete, the courts at ＂all levels haven＇t imposed uniform practices on accepting and hearing these cases, so most of the cases have got in trouble, e.g., the lawsuits brought by social organizations are difficult to be accepted, while those brought by individuals are more likely to lose. Therefore. it＇s imperative to establish and perfect China＇s environmental public litigation system as soon as possible by learning from the experiences of America. especially in selecting proper plaintiffs tot the environmental public＇ litigation.