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随着科技的进步和社会经济的发展,环境污染日益严重,环境公益诉讼也呼之欲出,去年我国人大审议的《民诉修正案》(草案)中,增加了公益诉讼制度,如果该修正案通过生效后,环境公益诉讼将有法可依,而短短的一句话并不能全面的规定环境公益诉讼所有相关问题,首先就是适合的原告问题,这也是研究环境公益诉讼的重中之重。本文将针对《民诉修正案》(草案),从目前几类潜在的环境公益诉讼原告进行分析,指出其存在的问题,并探讨适合我国国情的环境公益诉讼原告主体。
With the progress of science and technology and the development of society and economy, environmental pollution is becoming more and more serious. Environmental public interest litigation is also expected. Last year, the “Civil Litigation Amendment” (draft) reviewed by the National People’s Congress increased the public interest litigation system. If the amendment came into force Afterwards, environmental public interest litigation will be law-based, and a short sentence does not fully stipulate all the relevant issues of environmental public interest litigation. First, it is the appropriate plaintiff problem. This is also the most important issue for studying environmental public interest litigation. This article will analyze the “Public Prosecution Amendments” (Draft), analyze the current potential plaintiffs for environmental public interest litigation, point out their existing problems and discuss the main body of environmental public interest lawsuits plaintiffs suited to China’s national conditions.