环境公益诉讼起诉资格范围之检讨

Review on the Scope of Environmental Public Interest Litigation

环境公益诉讼因其公益性、二重性及特别授权性之特点成为环保建设不可或缺的法律程序保障。在起诉资格范围的认知上,从身份之适格性、目的之公益性及社会资源之稀缺性的维度考量,公民不宜享有起诉资格。相反,立法应明确检察机关与其他社会公益组织的起诉职责边界,否则当公益组织怠于起诉时检察机关介入庭审于法无据。同时为防止角色混同,检察机关应通过审判监督程序实现民事、行政法律监督职能,不可以直接参与诉讼的方式实现法律监督,亦不可于裁判生效之前通过一审法院直接提起抗诉,此三者须泾渭分明并区别对待。

Due to its public interest,duality and special authorization,environmental public interest litigation has become an indispensable legal procedure,as a guarantee for environmental protection construction,which has recognized by the latest revision of Civil procedure law and Administrative procedure law.On the cognition of the prosecution qualification scope,the individual should not have the prosecution qualification in the name of himself. On the contrary,the legislation should clarify the prosecution responsibility boundary between people＇s procurator and other social public interest organizations. Otherwise people ＇s procurator which is involved in the proceedings might not have any accordance of law when public interest organizations hesitate to prosecute.While at the same time,people＇s procurator should realize civil and administrative legal supervision through the trial supervision procedure,but could not directly participate in the proceedings to achieve legal supervision,and could not lodge a protest through people＇s court of first instance before the judgments and rulings have taken legal effect.These must be distinct and differentiated.