Construction Of Environmental Administrative Public Interest Litigation Of Our Country

With the rapid development of economy, the environment is being deteriorated, and sometimes the environmental public interest is scathed, which results form government's insufficiency of intendance and undemanding execution the law. At the same time, the judicatory remedy confirmed in administrative litigation law is not convenient, which limits the qualification of plaintiff strictly so as to refuses people enthusiastic for protecting public interest, and cannot suffice requirement of environmental protection.Environmental public interest litigation system has been established in many countries, which protects and redresses environmental public interest. The system sets the cases of infringing upon environmental public interest into the category of judicial review, and endows any citizen or group with qualification of plaintiff rather than requires plaintiff's having related interest in the law. In our country, because of severe environmental problem, such a system is required more urgently to protect environmental public interest and profit of people whose environmental rights are violated. Environmental administration public interest litigation can make up the shortcoming of administration departments' lack of administration departments' protecting environment, can tinker up inquisitional blind zone of public interest cases, awakes people to their consciousness of protecting themselves, can incarnate environmental democracy, and interdict environmental tort.Environmental administration public interest litigation has theoretical basisand is accessible in realities. Theory of environmental rights and theory of delegate mechanism of societal environmental rights apply it plenty of theoretical basis. Powerful effect of social groups and development of public's attention environmental administration apply environmental public interest litigation a good chance.To establish environmental administration public interest litigation system, the range of plaintiff should be extended, all citizens and groups including prosecutorial office impacted by prosecuted action should be endowed with prosecuting right so that they can bring administration litigation or find a judicatory remedy whenever administration violates environmental public interest; range of judicatory protection should be extended to include all violation environmental public interest by administration department, while category of environmental public interest is confirmed strictly to avoid excessive prosecution; The burden of proof should be assumed by prosecuted administration department; the plaintiff should offer less litigating expenditure and attain necessary encouragement, so zealots who vindicate environmental public interest will protect environmental public interest more actively.