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2015年《环保法》的开始实施执行无疑是给环境公益诉讼提供了强有力的法律依据。但是法条只规定了社会组织作为原告资格,现实中政府机关也承担着不可忽视的角色,而在现实中受到环境损害的大部分是公民个人,而公民有恰巧不具有诉讼资格,这给公民维护自己的合法权益增加了难度。本文从环境公益诉讼的概念入手,对我国现行立法中对环境公益诉讼规则的缺失与限制做了简要分析,对民诉中关于原告资格进行简单分析,由得出对我国环境公益诉讼原告资格得以加强与改进之处。
The implementation of the “Environmental Protection Law” in 2015 undoubtedly provides a strong legal basis for environmental public interest litigation. However, the law only stipulates the social organizations as plaintiffs’ qualifications. In reality, the government agencies also have a role that can not be ignored. In reality, most of the people who are harmed by the environment are citizens and the citizens happen to have no qualifications. This gives citizens Maintenance of their legitimate rights and interests increased difficulty. Starting with the concept of environmental public interest litigation, this article makes a brief analysis of the absence and limitation of environmental public interest litigation rules in our current legislation, analyzes simply the plaintiff qualification in civil litigation, and draws the conclusion that the qualification of plaintiff in environmental public interest litigation Strengthen and improve the place.