Study On The Standing Of Environmental Administrative Public Interest Litigation

Environmental administrative public interest litigation is not a new type of litigation, but still administrative litigation with the environmental public interest protection as its target. The difference between environmental administrative public interest litigation and traditional administrative litigation lies in the standing of the litigant. In accordance with Administrative Procedure Law of People's Republic of China, the standard of standing is "legal stake", which is unfavorable for the protection of the environmental public interest. A series of environmental public interest cases are also challenging this standard, which asks for the enlargement of this standard.The paper aims at, on the basis of the study of the foreign countries' experiences of standing, the new explanation of the standard in two aspects which are interest standard and casual relationship. The paper is constituted of four parts. The first part covers the original, definition and the features of environmental administrative public interest litigation and the theories of the standing of this litigation. The second part introduces the legislative and case experience of some foreign countries, which include the countries from common law system and civil law system. The main study focuses on the standard of the standing in these countries and the new theories on environmental administrative public interest litigation, such as "private attorney-general" theory in the United States. The third part describes the standard of standing in our county's administrative litigation and discusses the necessities and theory basis of enlarging the standard of our county's administrative litigation standing. The fourth part gives "legal stake" the new explanation in two aspects: interest standard and casual relationship, and envisages the proper plaintiffs of the environmental administrative public interest litigation in our country.To study this subject is full of significance. It can enrich the theories of our country's administrative litigation; remedy the deficiency of our country's environment protection according to the Administrative Procedure Law and the Environmental Protection Law; explore the new method to control the administrative power with the civil right and the judicial power, in order to urge the administrative organs to work legally. In addition, it can instruct the environmental administrative litigation; improve the citizen's environment protection awareness; ameliorate the environment quality and realize the harmonious development of human and nature.