环境诉讼与当事人适格

在环境污染日益严重、环境纠纷不断增多的今天,应当允许公共力量适当地介入私法领域,建立环境公益诉讼制度.在此情势下,对于当事人适格之要件予以扩张并赋予其法定效力显得尤为必要与迫切.将诉的利益作为当事人适格的衡量标准,并以此为基础构建诉讼信托制度,对于完善当事人理论,促进环境公益诉讼制度的合理化与合法化具有重要作用.

The Environmental Litigation and the Qualification for the Proper Party

Accompany with the development of ecomomy,pollution of the envierment has been more and more serious.When the significance and grave reality of public interests are found gradually,it must be enforced to give public power permission to interfere into the sphere of private law properly.So,the public interest litigation arises at the historic moment.It seems particularly essential and urgent to expanse the qualification for the proper party,which is a key factor to the system,and give its legal effect.When the interests of actions becomes the qualification for the proper party,and the litigation trust system is established on this basis,it is helpful to the perfection of the party system and the promotion of the rationalization and legalization of enviromental public interest litigation system.