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环境诉讼的提起症结主要在于其以维护环境公益为使命而没有直接的利害对象,基于此,必须从维护公益的现实需要出发,结合我国环境监管体制的现状,来确定这类诉讼的原告资格。按照这样的思路,检察机关、公民和公益性环保团体都应被赋予环境诉权,政府及其环境行政部门则不是环境诉讼原告的合适选择。
The crux of environmental litigation lies in its mission of safeguarding environmental public welfare, which has no direct interest. Based on this, it is necessary to proceed from the actual need of safeguarding public welfare and to determine the qualification of plaintiff in such litigation based on the current situation of environmental supervision system in China. According to this line of thought, procuratorial organs, citizens and non-profit environmental groups should all be given environmental rights, and the government and its environmental administrative department are not suitable choices for plaintiffs in environmental litigation.