Research On The Plaintiff Qualifications Of Administrative Public-interest Litigation Of Environment

Public interests of environment are independent from those of the nation and the government. The public commissions the government to administer environmental resources and safeguard their interests, in reality, however, administrative power usually cannot represent the interests of the public, but sometimes encroach on the environment on which mankind depends for existence. As events of environmental pollution and ecological damage take place repeatedly, it is necessary to widen the plaintiff qualifications to protect the public interests of environment, to ensure that the public, if encountering infringement form administration, would protect their environmental interests closely related to their health, existence as well as development through legal proceedings, so as to contend with administrative power and supervise its exercise in the field of environmental management.Taking the plaintiff qualifications of administrative public-interest litigation of environment as the object of study, the paper consists of three parts. The first part takes up the meaning and the elementary theories of the plaintiff qualifications. In the light of a comparative study on the plaintiff qualifications in U.S.A. and Japan, the second part aims to afford China reference in widening the plaintiff qualifications by analyzing and reflecting on the systems already coming into effect abroad. After analyzing the current situations in China, the third part puts forward that the starting of administrative public-interest litigation of environment in China should be based on the principle of pluralism—entrusting procedural rights to different subjects such as procuratorial organs, mass organizations of environmental protection and citizens to promote administering according to law in order that the "fragile" public interests of environment would be protected completely and thoroughly.