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由于在现行法律框架下缺乏有力的法律依据且深受传统诉讼法中“当事人适格理论”的制约,我国环境民事公益诉讼中原告资格并不明确,但在司法实践中,环保部门、检察机关、社会团体试图通过公益诉讼途径维护社会公共利益的实例不胜枚举,民间力量正以看得见的速度成长。此次民事诉讼法修正案(草案)第八条既是对公益诉讼制度的确定,亦是对公益诉讼原告范围的立法扩张。
Due to the lack of a strong legal basis under the current legal framework and being constrained by the “theory of appropriate personality of the parties” in the traditional procedural law, the qualifications of plaintiffs in environmental public interest litigation in China are not clear. However, in judicial practice, the environmental protection departments, There are countless examples of procuratorial agencies and social organizations trying to safeguard public interests in the public interest litigation. Non-governmental forces are growing at an apparent rate. Article 8 of the Amendment to Civil Procedure Law (Draft) is both a determination of the public interest litigation system and a legislative expansion of the scope of plaintiffs for public interest litigation.