论文总字数：14073字

摘 要

随着环境的污染越发严重，人们开始呼吁建立环境公益诉讼制度。在西方国家，该制度通过各种形式得到确认，并且形成较为先进的体系。目前在我们国家关于环境公益诉讼的法规中对于原告主体资格的界定却很抽象，主要依靠政府行使环境监督管理权，并且缺乏相应的公众参与机制。法规中仅对拥有环境公益诉讼权利的环保组织进行了较为明确的规定，对于其他环境公益诉讼原告资格的规定却处于空缺状况。并且将原告限定在与本案有直接关系的范围内，认为普通公民不具有直接利害关系。所以确立环境公益诉讼原告资格是该制度中面临的首要问题。本文从我国该制度的研究现状、实践出发，通过借鉴国外一些好的经验外加综合我国情况，提出一些建议。

关键词：环境公益诉讼 原告资格 环保公益组织

Research of Environmental Public Interest Litigation Plaintiff Qualification in China

Abstract

With the development and utilization of the environment, the ability to continue to enhance, a variety of environmental pollution, destruction of the ecological behavior will continue to occur. People began to call for the establishment of environmental public interest litigation system. In western countries, the system has been confirmed through various forms, and the formation of a more advanced system. At present in our country about environmental protection public interest litigation in the definition of the plaintiff qualification is very abstract, and mainly rely on the government to exercise environmental supervision and management, the lack of public participation mechanism. Only to have environmental public interest litigation rights of environmental public welfare organizations have made a more explicit provisions, for other environmental public interest litigation plaintiff qualification is in the vacancy situation. The plaintiff is limited to the scope of the case has a direct relationship, that ordinary citizens do not have a direct stake. So the establishment of the qualification of the plaintiff is the main problem in the system. In this paper, from the current situation and practice of the system in our country, we put forward some suggestions by referring to some good experience of foreign countries and the situation of our country.

Keywords: environmental public interest litigation plaintiff qualification of environmental protection commonweal organization

目 录

摘要·············································································· I

Abstract····································································II

引言········································································1

一、我国环境公益诉讼中原告资格制度的现状与实践······························1

（一）环境公益诉讼原告资格制度现状···········································1

（二）环境公益诉讼原告资格制度实践···········································2

二、我国环境公益诉讼对原告主体资格的限制·····································3

（一）对公民成为环境公益诉讼原告主体资格的限制······························3

（二）对环保NGO成为环境公益诉讼原告主体资格的限制·························3

（三）我国司法实践中对环境公益诉讼原告主体资格的限制························4

三、国外环境公益诉讼原告资格的概况与借鉴····································5

（一）美国·······································································5

（二）日本···········································································5

（三）英国···········································································6

四、完善我国环境公益诉讼原告资格的思考······································7

（一）给予公民和环保组织环境公益诉讼原告主体资格····························7

（二）行政机关和检察机关承担诉讼辅助责任····································8

（三）扩大民众参与力度，全面推动环境公益诉讼··································9

结语·······································································10

参考文献···································································11

致谢·······································································12

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