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新民诉法规定,法定机关和有关组织可提起环境公益诉讼,但现实中环境公益诉讼制度并未达到人们对于环境保护的预期。强调和研究公民的环境公益诉讼资格,让环境公益诉讼制度充分发挥保护环境的功能具有现实意义。赋予公民提起环境公益诉讼的权利,既是公民享有环境权的必然要求,也是公民参与社会管理方式的创新。通过合理安排公民与其他起诉主体的起诉位序,形成主体之间的优势互补,更有利于保护环境可持续发展。
The new Civil Procedure Law stipulates that the statutory bodies and relevant organizations may bring environmental public interest litigation, but in reality the environmental public interest litigation system does not meet people’s expectation of environmental protection. It is of practical significance to emphasize and study citizen’s environmental public interest litigation qualifications and make environmental public interest litigation system give full play to the function of environmental protection. Empowering citizens to bring environmental public interest litigation is not only a necessary requirement for citizens to enjoy environmental rights, but also an innovation for citizens to participate in social management. By reasonably arranging the sequence of prosecutions of citizens and other litigants, it is more conducive to the sustainable development of the environment by forming the complementarity of advantages between the main bodies.