我国目前已确立以环保组织、行政机关、检察机关三种不同主体提起环境公益诉讼的起诉主体制度。但环境公益诉讼制度引入中国的时间比较晚,相关的诉讼制度还不完善,在与传统的民事诉讼制度、行政诉讼制度融合的过程中也存在一些问题有待解决,尤其是起诉主体资格的规定还存在诸多问题:例如我国法律虽规定多种环境公益诉讼的起诉主体资格,但司法实践中的诉讼原告绝大多数都是检察机关,其他适格主体微乎其微;我国对环保组织提起诉讼的资格条件要求过高,使得极少有环保组织满足起诉条件并具备起诉能力;环境行政机关可提起生态环境损害赔偿诉讼,但能否提起一般的环境公益诉讼尚未有法律明确规定;环境权是公民的基本权利之一,但我国公民却被民事公益诉讼拒之门外。通过对我国环境公益诉讼起诉主体相关法律制度和司法实践的分析,并参考美国、德国等域外国家的环境法经验,提出一些完善措施:首先,从立法上明确公民个人的起诉主体地位,允许其针对案情简单、证据采集和固定比较容易、案件标的额较低、对环境破坏影响较小的环境公益诉讼案件提起诉讼;其次充分尊重环保组织的优先起诉地位,放宽环保组织的起诉条件并采取一些措施支持和帮助环保组织起诉;再次对检察机关的起诉条件施加更严格的限制,切实转变行政机关参与环境案件的方式,避免蚕食环保组织等起诉权;最后细化行政机关的环境公益诉讼相关规定,协调环保行政机关行政执法和起诉主体之一的关系。
China has now established to environmental organizations, administrative organs, procuratorial organs, three different subjects to bring environmental public interest litigation. But the relevant system is not perfect, in the process of integration with the traditional civil litigation system, administrative litigation system, there are some problems to be solved, especially the provisions of the prosecution of the main body of the provisions of the problem: for example, although China‘s laws provide for a variety of the prosecution of the main body of the qualifications, but the vast majority of the litigation in the judicial practice of the plaintiff is the procuratorate, other qualified subjects are Procuratorial organs, other eligible subjects are minimal; China‘s environmental protection organizations to bring the lawsuit eligibility requirements are too high, so that very few environmental protection organizations to meet the prosecution conditions and have the ability to prosecute; environmental administrative organs can bring ecological and environmental damages lawsuit, but whether the general environmental public interest litigation has not yet clearly stipulated in the law; the environmental rights of the citizens is one of the basic rights, but the citizens of our country is civil public interest litigation; environmental rights are one of the basic rights of citizens, but our citizens are civil public interest litigation is rejected. Through the analysis of China‘s environmental public interest litigation prosecution subject related legal system and judicial practice, and reference to the United States, Germany and other extra-territorial countries of the environmental law experience, put forward some measures: first of all, from the legislation to clarify the status of individual citizens as the main body of the lawsuit, and allow them to file a public interest litigation case against the simple case, the collection and fixing of evidence is relatively easy, the case amount is relatively low, and the impact of the environmental damage is relatively small. Litigation; Secondly, fully respect the priority status of environmental protection organizations to prosecute, relax the conditions for environmental protection organizations to prosecute and take some measures to support and help environmental protection organizations to prosecute; Once again, impose stricter restrictions on the prosecution conditions of the procuratorate, and effectively change the way of the administrative organs to participate in the environmental cases, so as to avoid encroaching on the right of environmental protection organizations to prosecute; Finally, refine the provisions to coordinate the relationship between the administrative enforcement of environmental administrative organs and one of the main subjects of prosecution.