我国环境行政诉讼原告资格刍议

我国目前的环境行政诉讼制度及实践存在许多问题,原告资格狭窄是其中一个非常重要的原因。这一原因导致了环境行政起诉权严重受到限制,缩小了对环境行政行为的司法审查范围。完善之法是从对传统行政诉讼理论和制度的修正及我国国情出发,逐步放宽对环境行政诉讼原告资格和起诉权的限制。

A Initial Study of the Prosecuting Qualification of Environmental Administrative Litigation in China

There are many problems in the system and practice of the environmental administrative litigation at present in China.The narrowness of the prosecuting qualification is a very important reason.So the prosecuting right is limited strictly and the range of the judicial review has also become narrow.As the result of protecting environmental public interest,the theory and institution of traditional administrative litigation have got modification and development.Based on the modification and development and the actual state of China,relaxing the prosecuting qualification and the range of the judicial review of the environmental administrative litigation is very necessary.