对环保部门公益诉讼原告资格的质疑

《民事诉讼法》的修改对于公益诉讼制度具有里程碑的意义,但对公益诉讼原告的规定比较模糊;各个地方的规范性文件也存在差异。环保部门作为公益诉讼的原告不仅违背公益诉讼的目的,也违背预防为主的原则。实践中,以环保局为原告的公益诉讼案例的存在不但不能作为支持环保部门原告资格的理由,反而暴露出公益诉讼对行政权过分依赖的问题。我们应从诉讼费用、监测和鉴定技术等方面建立和完善我国的公益诉讼制度。

A Query on Qualification of the Environmental Protection Department as the Plaintiff in Public Welfare Litigation

Modification of Civil Procedure Law can be taken as the milestone to construct the public welfare litigation system. But the provisions of the Law don＇t make the Plaintiff clear, and local regulations also present differences. The environmental protection department as the plaintiff of public welfare litigation violates not only the purpose of public welfare litigation but also the principle of focus on prevention. In practice, the actual cases of the Public welfare Litigation in which the plaintiff acts as the plaintiff reveal that the public welfare litigation depends too much on executive power. This paper also proposes suggestions to establish and perfect public welfare litigation system in China from litigation costs, monitoring, and identification technology.