村民委员会环境民事公益诉讼原告资格研究

On the Plaintiff Qualification of Environmental Civil Public Iinterest Litigation of Villagers Committee

环境民事公益诉讼的原告资格一直被多加限制,由村民委员会提起的环境民事公益诉讼的案件数更是屈指可数。村民委员会提起环境民事公益诉讼具有合法性与合理性。但是基于其自身特性,村民委员会原告资格应该受一定限制。应该立法明确村民委员会原告资格,一是有利于村民委员会更好履职,二是有利于及时解决生态环境问题,三是可以降低环境公益诉讼成本。此外,村民委员会环境民事公益诉讼原告资格的实现应该由主要负责人以村民委员会名义起诉,还需要解决村民委员会原告资格保障条件,并完善支持起诉制度。通过这些途径推动村民委员会主动、灵活地利用环境民事公益诉讼制度保护农村环境,并降低环境法治的社会成本。

The qualification of the plaintiff in environmental civil public interest litigation has been restricted, and the number of cases of environmental civil public interest litigation filed by thevillagers, committee is very few. It is legal and reasonable for the villagers committee to bring envi-ronmental civil public interest litigation. However, due to its own characteristics, the qualification ofthe accuser of the village committee should be limited. The plaintiff qualification of the villagers,committee should be clearly defined by legislation. Firstly, it is conducive to the better performanceof the villagers, committee, secondly, it is conducive to timely solving ecological and environmentalproblems, thirdly, it can reduce the cost of environmental public interest litigation. In addition, therealization of the plaintiff,s qualification for environmental civil public interest litigation of thevillagers, committee should be sued by the principal person in the name of the villagers, committee,and the guarantee conditions for the plaintiff,s qualification of the villagers, committee should besolved, and the system of supporting the prosecution should be improved. Through these approa-ches, villagers, committees are encouraged to take the initiative and flexibly use the environmentalcivil public interest litigation system to protect the rural environment and reduce the social cost of en-vironmental rule of law.