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在自然环境受到越来越严重污染的今天,环境诉讼日渐受到关注,但环境诉讼的主体资格仍是个有争议的问题。修改后的民事诉讼法中增加了关于公益诉讼的规定,却对诉讼资格模糊带过。早在1972年,美国就出现了环境法上具有重要意义的案件,塞拉俱乐部诉莫顿案的判决词,从正方的斯图亚特大法官论述了诉讼主体资格认定中的损害界定,反方的道格拉斯大法官则突破性地论述了自然物作为诉讼主体的可行性。两方面的论述,探讨了要获得环境诉讼主体资格需要证明的要素,以及诉讼主体的性质在环境法上的特殊扩展,对世界环境法和环境诉讼的发展具有里程碑式的意义。
Environmental litigation is getting more and more attention today when the natural environment is getting more and more serious pollution. However, the main qualification of environmental litigation is still a controversial issue. The amended Civil Procedure Law added the provisions on public interest litigation, but it has blurred the qualification of litigation. As early as 1972, the United States appeared in the case of environmental law of great significance, Sierra Club v. Morton case of the verdict, from the square of Judge Stuart discusses the subject of the litigation qualification definition of damage, the other side Justice Douglas made a groundbreaking discussion of the feasibility of natural objects as the subject of litigation. The two expositions discuss the elements that need to be proved in order to obtain the qualification of the subject of environmental litigation as well as the special extension of the nature of litigation subject in environmental law, which is of milestone significance for the development of world environmental law and environmental litigation.