泰州環境公益訴訟案的三個程式問題

Three Procedural Issues on the Public Interest Litigation of Environment in Yi-zhou

泰州環境公益訴訟案在中國大陸引起各方廣泛關注，並已產生了重大影響的公益訴訟案件。該案件被告方提出的辯解中，既有針對案件的實體方面的，又有針對訴訟程式方面的。程式方面的意見主要是本案的原告泰州市環保聯合會不具有提起公益訴訟的資格、法院適用共同訴訟審理本案程式違法、檢察機關支援起訴適用法律不當。這三個程式問題與環境公益訴訟密切相關，且具有普遍意義，值得探究。

Tai Zhou environment public interest litigation case has aroused common concern in Mainland China, and also has had very important influences. The defenses put forward by the defendant included both substantial and procedural issues. The Three procedural issues are as following: firstly, the plaintiff Tai Zhou City Environment Protection Association is not qualified to bring a public interest lawsuit; secondly, the court’s adopting the joint lawsuit procedure to try this case is illegal; thirdly, the law applied by the Procuratorate to support the litigation is improper. These three procedural issues deserve a deeper research, for they are closely related to the environment interest litigation and have universal effects in this field.