环境管理机关公益诉讼原告资格理论与实践之辨

环境公益诉讼是保护环境的利器,它对于改善环境起到的积极作用是毋庸置疑的.但是学界以及司法实践对于何为环境公益诉讼的适格原告一直存在争议,随着新《民事诉讼法》的颁布施行,关于公益诉讼原告资格的争论更是甚嚣尘上,其中,对环境行政管理机关原告资格的分歧尤甚.笔者认为,质疑的根本原因在于没有厘清环境行政执法与环境公益诉讼的关系,再加之对环境行政管理部门的单一功能定位,使得对环境管理机关作为适格原告有诸多误解.本文沿此思路,通过理论与实践的辨析,试图解决此问题.

The Analysis of Theory and Practice on the Plaintiff Qualification of Environmental Management Authorities in Public Litigation

Environmental public litigation is the weapon to protect environment. It is beyond doubt that it plays a positive role in improving the environment. But the＇plaintiff qualification of the environmental public terest litigation has been a controversial problem in both the academic circles and judicial practice. With the promulgation of the new code of civil procedure, the controversy of the plaintiff in public interest litigation cau- ses a temporary clamor. The differences of views on the plaintiff qualification of environmental management au- thorities are contradictory in particular. The author thinks that the basic reason for this question is the lack of clear relationship between environmental administrative law enforcement and environmental public interest liti- gation, and additionally the single function of the environmental administrative department also plays a negative role. Thus, there are many misconceptions concerning the environmental administrative organ as plaintiff. Con- sequently, this paper analyses the plaintiff qualification of environmental management authorities of the theory and practice to try to resolve this problem.