环境公益诉讼原告制度的困境及突破

The Dilemma and Breakthrough of Plaintiff System of Environmental Public Interest Litigation

最高人民法院颁布的《关于审理环境民事公益诉讼案件适用法律若干问题的解释》,将环境公益诉讼的原告限定为社会组织和民政部门,实质是确立了环境公益诉讼单一原告制度。环境公益诉讼自身具有复杂性和专业性的特点,单一的原告很难有效实现环境公益诉讼的立法初衷。反思环境诉讼单一原告制度,建立环境公益诉讼联合原告机制,是未来环境公益诉讼制度的发展方向。

In the Interpretation of several Issues concerning the Application of Law in the Trial of Civil Public Interest Litigation promulgated by the Supreme People＇s Court, the plaintiff of environmental public interest litigation is limited to the social organization and civil administration department, so the essence is to establish a single plaintiff system of environmental public interest litigation. Environmental public interest litigation itself has the characteristics of complexity and professionalism, it is difficult for a single plaintiff to effectively realize the legislative intention of environmental public interest litigation. Based on reflecting the single plaintiff system of environmental litigation, the establishment of the joint plaintiff mechanism of environmental public interest litigation is the development direction of the future environmental public interest litigation systern.