试论环境民事公益诉讼起诉主体顺位选择

The Sequential Choice of Main Body of Environmental Civil Public Interest Litigation

基于现行立法规定的多元起诉主体,本着有利于环境公益诉讼开展、解决诉讼冲突、避免司法资源浪费的原则,依据相应的设立标准,让最合适的主体有机会提起环境民事公益诉讼。首先,设置行政执法前置程序,实现司法权与行政权关系的协调融合。其次,按照环境损害结果的严重程度将案件范围二分,在此基础上根据顺位设计的标准合理划定三类主体的起诉顺位。具体而言,针对严重或者较为严重地破坏生态环境的案件,宜采取“行政机关优先,环保公益组织次之,检察机关补充”的模式;对于损害结果严重程度较低的案件,则宜采取“行政机关、环保公益组织不分次序,检察机关补充”的模式。

Based on the multiple prosecution subjects provided by the current legislation,in line with the principle of facilitating the development of environmental public interest litigation,resolving litigation conflicts,and avoiding the waste of judicial resources,in accordance with the corresponding establishment standards,the most suitable subjects have the opportunity to initiate environmental civil public interest litigation.First,pre-procedures for administrative law enforcement was set up to realize the coordination and integration of the relationship between judicial power and administrative power.Secondly,according to the severity of the environmental damage result,the scope of the case was divided into two,and on this basis,the order of prosecution of the three types of subjects was reasonably delineated according to the standard of sequential design.Specifically,for cases of serious or relatively serious damage to the ecological environment,it was advisable to adopt the mode of“administrative agencies first,environmental protection public welfare organizations second,and procuratorial agencies supplementing”.For cases where the severity of the damage was less severe,it was appropriate to adopt the model The model of"administrative agencies and environmental protection public welfare organizations,regardless of order,supplemented by procuratorial agencies".