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公众环境诉权只是从自然的权利状态上升成为了法定权利,并未真正转化为实有的权利。也即,权利的宣示并不代表权利的享有。环境法律的普遍遵守和有效实施依赖于环境公益诉讼原告资格的确定。现行环境法律对环境公益诉讼的限制主要体现在原告在环境公益诉讼中是否适格的问题上。环境公益诉讼的展开建立在环境公益诉讼原告适格的基础之上,也就是说只有环境公益诉讼的原告享有诉权,司法程序才能启动,以确保权利的行使和保护,否则,公众环境诉权就会变成一纸空文。
The right to appeal to the public environment has merely risen from a natural right to a statutory right and has not really been transformed into an actual right. That is, the declaration of rights does not represent the enjoyment of rights. The general compliance and effective implementation of environmental laws depend on the determination of the plaintiff qualification of environmental public interest litigation. The current environmental law restricts the environmental public interest litigation mainly in the plaintiff’s question whether the environmental public interest litigation is appropriate. The establishment of environmental public interest litigation is based on the plaintiff’s merits of environmental public interest litigation. That is to say, only the plaintiff of environmental public interest litigation can enjoy the right of litigation before judicial proceedings can be started to ensure the exercise and protection of rights. Otherwise, public environmental litigation will be Into a dead letter.