河北环境工程学院学报

环境公益诉讼是环保组织参与环境治理的重要途径。当前,环保组织在环境公益诉讼中的职能定位结构性失衡,表现为在环境民事公益诉讼中的起诉主体地位被过度强调,却在环境行政公益诉讼中面临角色缺位的问题。定位的偏离与失衡导致环境公益诉讼中环保组织的参与度不高,使得环保组织治理环境问题的效果欠佳,难以有效维护生态环境,也有碍我国环境监督体系的构建。为充分发挥环保组织在环境治理中的独特优势,需将环境公益诉讼中的环保组织定位矫正成辅助参与者,在保留适格环保组织起诉权的基础上,强化其监督权、举报权等辅助性权利。对于不具备原告资格的环保组织,以提供线索、支持起诉与监督执行作为参与诉讼的具体路径。

Environmental public interest litigation is an important way for environmental protection organizations to participate in environmental governance. Currently, the functional positioning of environmental protection organizations in environmental public interest litigation shows a structural imbalance, which is manifested in the excessive emphasis on their status as plaintiffs in environmental civil public interest litigation, while they face a role deficit in environmental administrative public interest litigation. The deviation in positioning leads to a low participation rate of environmental protection organizations in environmental public interest litigation, resulting in inadequate effectiveness in addressing environmental issues by these organizations and making it difficult to effectively protect the ecological environment. It also hinders the construction of China′s environmental supervision system. To fully leverage the unique advantages of environmental protection organizations in environmental governance, their positioning in environmental public interest litigation should be corrected to that of auxiliary participants. While retaining the right to sue for qualified environmental protection organizations, their rights such as supervision and reporting should be strengthened. For those organizations that do not have the plaintiff qualification, providing clues,supporting lawsuits and supervising enforcement should be the specific paths for their participation in litigation.