The Foundation Of The Environmental Public Interest Action In China

These years, public interest action has being the hot issue in society, but deserved attention has not been paid about it by scholars in our country. Frankly speaking, the research on public interest action is very weak. Especially, the research on environmental interest action is weaker. In order to attract jade, this article intends to a preliminary research on environmental public interest action and its relevant questions.The introduction mainly outlines environmental problem with social, political and economical background, from which environmental public interest action emerges and the level of research. At the same time, this dissertation explains how the author wages this paper. In order to make the law to reflect the reality and to promote society progress, we need to continue a deepgoing research. The dissertation is divided into four sections. The first section discusses public interest action and environmental public interest action's conception and characteristic. Public interest is regarded as non-special, mass, diffused interest and general. The main task of the public interest action is to protect the public interest. The parties also advance applications, which go beyond private interest. Then this dissertation discusses the conception and character of the environmental public interest action. Environmental public interest action is an action that the citizen, the party and the government suit for the country benefit, social public benefit and aggregate benefit of unspecific majority. In the second section of this dissertation, the author mainly introduces the basic theories -environmental rights and litigation interest, and then introduces the practice of environmental interest action in America and Japan. In the third section, this dissertation discusses the necessity of the function and value of the environmental public interestaction. This dissertation holds the view that there is no environmental public interest action and the limit of administration in our procedure system. Then this dissertation goes on to discuss the feasibility from the viewpoint of the constitution and the environmental protection law. In the forth section, the dissertation discusses the legislation way of environmental public interest action and the problems that should be paid attention to. In the conclusion, the author expresses the optimistic and prudent attitude to environmental public interest action.