环境公益诉讼是一种与不特定多数人有关的利益,是多数人可以搭便车受益的新型诉讼。鉴于环境侵害具有间接性、广泛性等特点,环境保护具有公益性,法律调整应从个体本位向社会本位转换。环境公益诉讼的提出,突破了我国传统诉讼法对原告资格限定所遵循的“直接利害关系”理论,需要对环境公益诉讼原告资格进行拓宽,并辅之以厚实的理论基础:对于公民参与,应该扩大损害范围界定。对于环保团体,应从法律上赋予其环境公益诉讼的主体资格,以此来发挥公众和团体对环境保护的监督作用。 Environmental public interest litigation is a non-specific majority-related interests, is the majority of people can ride a new lawsuit benefit. In view of the indirect and extensive nature of environmental infringement, environmental protection has public welfare and legal regulation should be changed from individual-based to social-based. The proposal of environmental public interest litigation broke through the “direct interest ” theory that the traditional litigation law of our country obeys the qualifications of plaintiffs, and needs broaden the qualification of environmental plaintiff litigation, supplemented by a solid theoretical foundation: , We should expand the scope of damage. For environmental groups, legal qualification should be given to environmental public interest litigation in order to give play to the role of the public and organizations in supervising environmental protection.