NGO's Plaintiff Status In Environment Administrative Public Welfare Lawsuit

The environmental problems are increasingly austere in China. Theenvironment, as the public property, has remarkable exteriority in the marketeconomy, so the regulatory role of the government is necessary. However thegovernment does not protect environment public welfare effectively. Somegovernment branches do not fulfill their environment-protecting responsibility, butthe public can not supervise them by judicature because there is no environmentadministrative public welfare lawsuit in China, or NGOs (Non-governmentalOrganization) can not bring such accusation against the government.Therefore, we cried for citizens to control the government. The most efficientand feasible method to supervise and urge the government to protect theenvironment is to endow NGOs with plaintiff status in the environmentadministrative public welfare lawsuit. It signifies a great necessity, for it can impelthe government to fulfill its responsibility on protecting the social environmentbenefit, and to build a nomocracy country. Under this background, how to endowNGOs with standing in the environment administrative public welfare lawsuit andhow to guarantee and control their legal right are vital theory questions which needresolve. This dissertation is intended to make a primary research which arise moredeep study on "NGO's Plaintiff Status in Environment Administrative Public WelfareLawsuit".There are three parts in this dissertation:The first part is "The theoretical basis of NGO's standing in the environmentadministrative public welfare lawsuit" and "NGO's foreign and domestic legalpractice in the environment administrative public welfare lawsuit". Throughanalyzing the matter factor (independence of the social environment benefit), thesubject matter (objectivating current of the administrative lawsuit and NGOs'advantages in such lawsuit), and the foreign and domestic legal practice, the authortries to demonstrate that NGOs not only have the rationality, but also haveadvantages to attain the standing in the environment administrative public welfarelawsuit.The second part is "The obstacles to NGO's standing" and "The guarantee andregulation of NGOs' litigious right", which firstly is the discussion of inside andoutside obstacles to NGO's standing. Based on it, legal acknowledgement of theNGO's litigious right, regulation of the government's responsibility, capitalguarantee of NGO's participation and admittance of NGOs' litigation qualificationare analyzed.The third part is "Guarantee and regulation of NGOs' exertion of litigious right".How to guarantee and regulate NGOs' litigious right in the lawsuit is expounded,through analyzing pre-litigation procedure, litigation bound, plaintiff's dispositionright, claims, the third party, onus probandi and legal fare burden principle. The aimof this part is to discuss how to avoid abuse of the litigious right, and how toguarantee efficiency and success of the environment administrative public welfarelawsuit.