环境民事公益诉讼的公民原告资格研究

A Study on the Qualification of Citizen Plaintiff in Environmental Civil Public Interest Litigation

摘要: 当前，法律明确规定的能够提起环境民事公益诉讼的主体主要有社会组织与检察机关。随着理论研究的不断深入，我国学者普遍认为赋予公民提起公益诉讼的原告资格具有可行性。本文通过分析现有学者观点，从公民诉讼能力、公民滥诉风险以及激励机制等方面得出公民不适合作为环境民事公益诉讼原告的结论。同时，对比我国环境公益诉讼和美国环境公民诉讼，得出我国不宜盲目借鉴，而应结合具体国情和实际情况的结论。为更好的解决环境问题，法律应当完善现有制度，放宽对社会组织的限制，发挥检察机关的职能。

Abstract: At present, the main bodies that can be initiated by the law to initiate environmental civil public interest lawsuits are mainly social organizations and procuratorial organs. With the continuous deepening of theoretical research, scholars in China generally believe that it is feasible to grant citizens the plaintiff qualification to initiate public interest litigation. This article analyzes the opinions of existing scholars, and concludes that citizens are not suitable as plaintiffs of environmental civil public interest litigation from the aspects of citizen litigation ability, risk of overuse of citizens, and incentive mechanism. At the same time, comparing China’s environmental public interest litigation with US environmental citizen litigation, it is concluded that our country should not blindly learn from it, but should conclude that it should combine specific national conditions and actual conditions. In order to better solve environmental problems, the law should improve the existing system, relax restrictions on social organizations, and play the role of procuratorial organs.