论公权力机关作为环境公益诉讼原告的不当性.pdf

Abstract Abstract As a start , the article discusses the plaintiff qualification of environmental public interest litigation. In the first place, the environmental public interest is the common good which would be enjoyed by the natural person alone. Second, by analyzing and discussing the value of environmental public interest litigation, the writer thinks that the differences between environmental public interest litigation and civil tort action for environmental damages indeed exists. The environmental public interest litigation is conducted to prevent and remedy damages to the environment per se , and to preserve and promote the environmental public interest. However, the civil tort action for environmental damages is conducted to remedy damages for personal injury and property. On this account, the environmental public interest litigation is the logical corollary of protecting the environment through the agency of lawsuit which is the method of right relief. At last, the writer sums up the main points that why some researchists insist that procuratorates and environmental administrations are proper plaintiffs of environmental public interest litigation. From the point of views based on intrinsic attribute of power, the article elaborates that authorities are improper plaintiffs of environmental public interest litigation. First, conception of power in this text is identical with context of power in legal philosophy. In term of intrinsic attribute, power is either legal right or obligation. The writer analyzes intrinsic attribute of power by means of discussing the relationship between power and right as well as power