The Study On The Qualification Of Plaintiffs Of Environmental Administrative Public Interest Litigation In Our Country

Environmental protection has being the hot point in mordent society. Administrative organ plays a key role as the representative and guarder of environmental public interest. However, Administrative organ itself will cause pollution and violate environment. It violates not only the environmental interest of the citizen but also that of the whole society. Traditional environmental administrative litigation plays an important part in protecting citizen's environmental private interest which can relieve those who suffer the violation of government administrative behavior in their environmental private interest. Whereas what should be done when environmental administrative public interest are in the condition of violation. There is a system named environmental administrative public interest litigation in western developed countries. But this system meets the most difficulty problem in China is that the restriction of the standard of environmental administrative public interest litigation which makes it lack of the best qualification of plaintiffs, which leading the theme the urgency of developing the theory of the qualification of plaintiffs in traditional litigation.Taking the plaintiffs of environmental administrative public interest litigation as studying target, this essay starts by studying the standard of the qualification of plaintiffs of environmental administrative public interest litigation outside China, and then, analyzing the condition of thequalification of plaintiffs of environmental administrative public interest litigation in our country nowadays. Explaining the urgency to enlarge the standard of qualification of plaintiffs of environmental administrative public interest litigation by analyzing the environment crisis are more serious and the theory of "government omnipotent " is out of time, this essay finally takes environmental common trust, environmental right and access to justice as the theory evidence to protect the thesis the need to enlarge the range of the qualification of plaintiffs of environmental administrative public interest litigation in our country. For the standard of the qualification of plaintiffs of administrative litigation can not match the development of environmental administrative public interest litigation, we should reread the "interest relationship" in law and break the traditional meaning and finally show the qualification of plaintiffs of environmental administrative public interest litigation which gives citizens, social parties and prosecuting organ access to justice to protect environmental administrative public interest from all ways.