Research On Environmental Non-government Organizations In The View Of Rule By Law

In the era of sustainable development, environmental non-government organizations have been an important force in the field of environmental protection. During the perfection of the rule of environmental law, environmental NGOs are also expected to be. Environmental NGOs play a very important role in the cultivating of public environment law sense so as to establish a stainable social ideological foundation for the rule of environmental law. Environmental NGOs boost the enforcement of environmental law by prosecution, lawsuit for public interests and so on. This helps make up the public enforcement deficiency of environment law. As a systematized social force, environmental NGOs restrict government's environmental power by participating in government's environmental decision-making and expressing their opinions. Being the social intermediate, environmental NGOs can build public mutual trust and benefit them by their common sense, their spirit of participating and initiative to harmonize conflict of environmental interests effectively.However, environmental NGOs are not isolated. They will be influenced by some objective factors, especially the relationship with government. From the respect of"governance"theory, only by building a good and friendly relationship between government and environmental NGOs, can the aim of social environmental protection be realized effectively. The guarantee and restriction of the right of forming an environmental association is the right base to harmonize the relationship. To realize the harmonization, it needs to follow the principles of self-rule, cooperation and the rule of law.In the society ruled by law, environmental NGOs are the subject of legal fiction. Firstly, environmental NGOs'subject qualification needs to be confirmed by law. Then they can be endowed rights and duties. And their construction and operation will be regulated. From the view of national law, environmental NGOs are the subject of private law. In many countries, environmental NGOs can acquire non-profit artificial person qualification and the public interest ones. They can also exist without the qualification. In China, the system of double registration denies the latter one. The rigid requirements of acquiring the qualification of subject restrict heavily the development of environmental NGOs in China. It must be innovated. From the view of international law, environmental NGOs have already gained the rights: consultative, observer , partnership,"The Friend of Court"and so on. As those that share and take over rights and duties partly, environmental NGOs already have the limited subject qualification of international environmental law.Having the right makes it possible for environmental NGOs'activities. It mainly shows the independency of environmental NGOs. Environmental NGOs have the common rights as other non-profit organizations. But environmental rights are especially significant to environmental NGOs. And the systems of environmental information publicity, participation and lawsuit for public interests ensure environmental NGOs'environment rights turn to be reality from the rights at law. Rights and duties are opposite and unity. The duties of environmental NGOs include the duties should be, obligation at law and the duties in practice. Environmental NGOs'public responsibilities belong to the duties should be. Based on this, it comes to the obligation at law. After this, it should turn to the duties in practice. It calls for system construction to push environmental NGOs to take their duties and responsibilities. The guarantee mechanisms for environmental NGOs'taking their duties consist of the following: the mechanisms of government supervising, social monitoring and self-disciplining and the system of legal responsibilities.