Research On The Environmental Administrative Public Interest Litigation System Of Our Country

With the rapid economic development, environmental problems have become more and more severe. Among them, It occurred frequently that the environment public interests was damaged as the result of the administrative authorities'act or omission, while the behaviors of administrative organization are not subjected to judicial supervision or review according to current Administrative Procedure Law ,which is extremely harmful to the protect of environmental public interest. Therefore, it is completely necessary to build environmental administrative public interest litigation system in order to improve environmental management. Environmental administrative public interest litigation is a litigant system that the court try the prosecution conducted by citizens, legal persons or other organizations who hold that the act of an administrative subject has encroached on or may break against the environmental public interest and enter a judgment according to legal proceedings. Guided by the private attorney-general theory, theory of public trust, theory of litigant interests and environmental right, learning from other countries'relevant experience about this issue such as America, Japan, Germany, France and so on, we should construct the environmental administrative public interest litigation system preliminarily beginning with the plaintiff, case range and other related systems of environmental public interest litigation, in order to fill up the deficiency on environmental protection in current administrative litigation system, improve the environmental situation and strike a balance between economic and social development.