Research On The Plaintiff Qualification Of In Environmental Administrative Public Interest Litigation In China

Since the 21st century,the global environment is facing more and more environmental problems.In order to deal with the increasingly serious environmental problems such as tight resource constraints,serious environmental pollution and ecosystem degradation,we should speed up the improvement of environmental public interest litigation system.Whether the administrative organ can administrate according to law is the key to the success of environmental governance in China.Environmental administrative public interest litigation is an effective way to urge the administrative organ to administrate according to law.After the procuratorial organ has become the suitable subject of administrative public interest litigation,it has changed the phenomenon of administrative organ’s governance environment omission.However,the situation of environmental governance in China is still severe,and the environmental risk is still not reduced.The procuratorial organ is still weak in initiating public interest litigation,lacking the means of source prevention and control,and the function of public interest litigation is not fully played.Generally speaking,the work of administrative public interest litigation is still in its infancy.,and the administrative public interest litigation system still has a strong expansibility.Starting from the expansion of the plaintiffs qualification,combining with the judicial practice and the theory of public interest litigation in China,this paper analyzes the legislative experience of administrative public interest litigation in western countries,and probes into the feasibility and necessity of building the plaintiffs qualification system of administrative public interest litigation in a diversified environment.In addition to the introduction and conclusion,this paper is divided into four parts:.The first part mainly uses the comparative analysis method to elaborate the concept of environmental administrative public interest litigation,the characteristics different from civil public interest litigation,the characteristics of public interest and the relationship between public interest and national interest,the theoretical basis of administrative public interest litigation plaintiff qualification,combined with administrative theory and environmental protection theory,trying to define the legitimacy scope of administrative public interest litigation plaintiff.The second part mainly uses the empirical research method and historical analysis method to elaborate the legislative status of the plaintiff of environmental administrative public interest litigation and the problems existing in the judicial practice of different types of subjects from the perspective of different subjects.The third part uses the comparative analysis method to compare and analyze the public interest litigation system mode of the main countries and the choice of legislative considerations.The fourth part is about the construction of a diversified system of administrative public interest litigation.This paper discusses four aspects.The first is to explore the expansion of the scope of eligibility of the subject plaintiff.The second is to explore the relationship between the proper lattice subjects.The third is to discuss how to strengthen the function of public interest litigation and improve the pre litigation procedure under the framework of multiple subjects.The fourth is the legal aid and incentive system to explore the protection system of the right of action of the non interested parties.