建立环境公益诉讼应当科学定位原告资格,而在实践中负有监管之职的环境管理机关,因为同时具备司法起诉主体资格,就会出现严重的职能错位。基于该问题,深入探究出现如此窘境的法理根源,不难发现当前制度设计存在的缺陷:环境管理机关漠视其职权,滥权无章;当事人地位不平等及结构失衡,不利于实体公正;两种身份的困顿增加了环境管理机关被诉行政不作为之虞。因此,必须激励公众和非政府性环保组织,限制环境管理机关的起诉条件和资格。 The establishment of environmental public interest litigation should scientifically locate the qualification of the plaintiff, and in practice, the environmental management organ that has the supervisory responsibility in practice will have serious dislocation of functions because of having the qualification of subject of judicial prosecution at the same time. Based on this issue, it is not difficult to find out the flaw in the current system design because of the deep root of legal problems in such a dilemma: the environmental management authority disregards its authority and abuse of power; the inequalities and structural imbalances of the parties affect the fairness of the entity; The dilemma of identity increases the risk that the environmental administrative organ may be sued for administrative inaction. Therefore, public and non-governmental environmental protection organizations must be motivated to limit the conditions and qualifications for prosecution of environmental authorities.