一、环境公益诉讼及原告资格的概述公益诉讼雏形最早可以追溯到罗马法,是相对于私益而言。在罗马程序式中也有私益诉讼和公益诉讼之分。私益诉讼是“保护个人所有权诉讼,仅仅特定的人才能提起,公益诉讼用以保护社会公共利益,除法律有特别规定之外,凡市民均可以提起。”意大利罗马法学家在考察了古罗马的法律后认为:“为维护公共利益而设置的罚金诉讼为 First, the environmental public interest litigation and plaintiff qualification overview The earliest forms of public interest litigation can be traced back to the Roman law, is relative to private interests. In the Roman program also has private interest litigation and public interest litigation points. Private interest litigation is ”protection of individual ownership litigation, only a specific person can lift, public interest litigation to protect the public interest in the community, except where the law has special provisions, where citizens can bring. “ Rome, Italy, After the Roman law said: ”The fine litigation set for the protection of the public interest is