论我国环保组织的行政公益诉讼原告资格

On the Qualifications of Plaintiffs in Administrative Public Interest Litigation by Environmental Protection Organizations in China

摘要: 随着环境问题的日益严重，人民环保意识的增强，社会对于行政公益诉讼案件的关注度也随之提高。自2015年行政公益诉讼试点以来，检察机关作为唯一的适格当事人在实践中也取得良好的社会效应。但在行政公益诉讼制度践行过程中也存在很多问题，深入探究这些问题的原因不外乎在于环境公益诉讼原告主体范围过窄。环保社会组织作为专门从事环境保护的公益组织，其对生态环境保护方面具有专业性、社会性、中立性等特点。所以环保社会组织在提起行政公益诉讼方面具有不可替代的优越性和现实意义。

Abstract: With the increasing seriousness of environmental problems and the enhancement of people’s awareness of environmental protection, the society’s attention to administrative public interest litigation cases has also increased. Since the pilot of administrative public interest litigation in 2015, the procuratorate, as the only qualified party, has also achieved good social effects in practice. However, there are also many problems in the implementation of the administrative public interest litigation system, and the reason for exploring these problems in depth is that the scope of plaintiffs in environmental public interest litigation is too narrow. As a public welfare organization specializing in environmental protection, environmental protection social organizations have the characteristics of professionalism, sociality and neutrality in ecological environmental protection. Therefore, environmental protection social organizations have irreplaceable superiority and practical significance in initiating administrative public interest lawsuits.