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2015年1月1日起实施的新《环境保护法》在第58条明确规定了环境公益诉讼制度,这一制度是对2012年新《民事诉讼法》第55条规定的进一步明确。在新《环境保护法》中,明确了提起环境公益诉讼的主体为符合条件的社会组织,而未将环境行政机关纳入原告主体范围。众所周知,在我国现行环境体系中,环境行政机关掌握了被诉污染环境者违法的专业技术和有力证据,应当发挥其优势以弥补社会组织单独参与诉讼的不足,从而完善环境公益诉讼制度。本文从环境行政机关的环境职责入手,对其在环境公益诉讼中的角色进行探析,以期明确环境行政机关在环境公益诉讼中应起到的作用,发挥环境公益诉讼制度的最大功能。
The new “Environmental Protection Law”, which came into effect on January 1, 2015, clearly stipulates the environmental public interest litigation system in Article 58, which further clarifies the stipulation of Article 55 of the 2012 Civil Procedure Law. In the new “Environmental Protection Law”, it is clear that the subject of environmental public interest litigation is a qualified social organization, and the environmental administrative organ is not included in the scope of the plaintiff. As we all know, in our current environment system, the environmental administrative authorities have grasped the expertise and evidence that illegally polluted the environment, and should make full use of their advantages to make up for the shortcomings of social organizations participating in the litigation independently so as to perfect the system of environmental public interest litigation. This article starts with the environmental responsibility of the environmental administrative organ and analyzes its role in environmental public interest lawsuit in order to clarify the role that the environmental administrative organ should play in environmental public interest lawsuit and to play the utmost function of environmental public interest lawsuit system.