高校环保团体参与环境公益诉讼路径探寻

Research on How College Environmental Protection Associations Participate in Environment Common Interest litigation

近年来,环境问题引起了公民的高度关注。在这种形势下,以环境保护为宗旨的高校环保团体得以高速发展。高校环保团体是我国环保法治建设中一股不可忽视的力量,也是环保法治建设的重要组成部分。目前,高校环保团体处在尴尬的局面:一方面是由于高校环保团体自身缺乏资金和支持以及管理制度不明确;另一方面是立法及公民给予的关注度不够。《民事诉讼法》修订后,公益诉讼有法可依,但高校环保团体却不属于立法规定的起诉主体范围。就高校环保团体自身的特点和优势来讲,它们应该积极争取参与环境公益诉讼,积极探寻参与环境公益诉讼的合法路径,同时为自身发展和环境公益诉讼制度增加内涵。

Recent years,environmental problems have received so much concern and attention from citizens,which has also made new demands on environmental legislation. In this situation,colleges＇ environmentalprotection associations have developed rapidly. They are definitely a necessary force and also a significant part of legal construction of environmental protection. At present,they are in an awkward condition because of associations＇ lack of fund,support and ambiguous management system. Another reason is that the legislature and citizens do not pay much attention to college environmental protection associations. After the revision of Civil Procedure Law,public litigation abides by the law. However,college environmental protection associations do not belong to the prosecution scope of the subject. As for the advantages and characteristics of college environmental protection associations,they should actively take part in and chart a legal path to environmental public interest litigation. Meanwhile,they should increase connotation to their own development and environmental public interest litigation system.