Our Environmental Litigation System A Public Administration

As environmental problems in China has become increasingly prominent in civil rights and environmental interests of the proper public environmental protection has become a major issue facing the law. From the traditional administrative development from the environmental administrative proceedings to protect the interests of private citizens environment played a large role, so that the environment could be largely affected by the administrative act against the interests of the public are legal relief. However, for environmental welfare by the government acts against the case, except on government oversight and self-correcting, there is no other remedy. Civil litigation is the way to monitor the government's administrative practices in the current environment administrative proceedings also no legal basis. Furthermore, since the extent of environmental degradation and to address the limitations often closely related to the specific administrative acts once the executive has damaged the environment at risk, particularly on the urgent proceedings functional correction of errors.It can be said that the administrative proceedings in the field of environment, the protection of the environment even in cases of public interest relief.Given the limitations of our basic national conditions, the development of public interest litigation and administrative environment of Western developed countries have a large gap. However, as the socio-economicdevelopment, environmental problems intensified, face contradictions and actively seek solutions is sensible. While my current environment administrative proceedings were only beginning to develop good, many do not mature, but is a general trend, we should go for. Only in this way can we truly protect the fundamental rights of citizens, to address environmental problems, thereby promoting better socio-economic development.It was based on this situation, this article from the theoretical study and system design point of public administration environmental litigation systems studied.First, this article summarizes the meaning of public interest litigation and administrative environment features on the environment, the legal basis for public interest litigation and administrative significance. This is the basic theory of environmental administrative proceedings public.Secondly, the paper introduced the United States, Japan, European countries public administration environmental litigation, and to make a comparative analysis and its significance for our reference. This is the external environment and the practice of administrative proceedings on public welfare.Again, this points to our public entity to supply inadequate environmental analysis of the environmental administrative proceedings on the plaintiffs eligibility requirements error, discussed by the scope of the deficiencies. This is my public administrative proceedings to establish asystem of environmental obstacles.Finally, the paper proposed to establish a comprehensive system of the right environment to expand environmental administrative proceedings by the plaintiff qualifications and scope of the case and to establish other measures that improve the up-front costs of litigation means, reasonable sharing litigation costs, a successful incentive mechanisms, proceedings suspended administrative acts, the establishment of margin system, the system of pre-trial procedures established lead, thereby creating in our environment administrative services litigation.This article, the author used a comparative analysis of the main ways to highlight foreign environment administrative experience in the development of public interest litigation system, raises for our experiences. Further logical analysis and the use of case analysis.