环境维权“民告官”的困境与出路——以行政诉讼原告适格规则为分析对象

Public Right Protection in Environment Cases: Its Dilemma and Way- out: Focusing on the Required Condition Rules of Litigant in Concerning Administrative Lawsuit

我国行政诉讼原告适格规则是私权模式的阐释和捍卫,重在保护私主体的人身、财产等传统权益不受行政行为的侵犯。环境维权"民告官"案件所欲保护的利益,往往是非原告所专有的审美、娱乐、环保以及精神享受等非物质性利益,被诉行为往往不限于行政行为。我国行政诉讼原告适格规则与环境维权"民告官"案件的现实冲突,要求我国行政诉讼原告适格规则应从私权模式转向公共价值模式,拓展被诉行为的范围与法益保护的范围,以适应我国环境维权"民告官"的客观要求。

The required condition rule of plaintiff in administrative lawsuit is a regime for the protection of private fights, focusing on the free of infringement of private human body and his or her property by the administrative activities. The interest concerned in the environment lawsuit between the public and the administrative authority are always related with non - physical interest such as aesthetical, amusement, environmental and spiritual ones, and the accused activities are not confined to specific administrative activities. The present conflicts between the required condition rule for the plaintiff in administrative lawsuit and the environment lawsuit concerning the public against the administrative authority demands the said rule should be transformed from private right protection mode to public value mode, which could expand the protection range of the accused activities and legal interest so as to meet the objective requirements of public environment protection lawsuit against the administrative authority.