The Research On Constructing Environmental Administrative Public Interests Litigation System In China

The problem of environmental pollution is increasingly serious with the rapiddevelopment of economy in china and the damage to the environment of community is afrequent phenomenon. The channels of judicial relief in existing administrative law in chinaare not clear. Environmental protection and management of traditional welfare system can notcompletely adapt to the need of protect the environment of public interest. Consult foreignmature experience and establish the environmental public interest litigation systems are thegood choices to solve the problems of environmental pollution and ecological damage, protectenvironment of public interests and the citizens'environment right.This paper has three parts. The first part: The overview of public interest environmentallitigation. In this part the concept, features, analysis of necessity were delivered. The secondpart: The laws of public interest environmental litigation in USA, Japan, Germany and othercontraries were introduced and analyzed comparatively. The advices to public interestenvironmental litigation in our country were made. The last part: Some proposals were madeconstruct the system of environmental administration. Pointed out that we need to extendthe proceedings for the plaintiffs, the scope of the case and the establishment of othercomplementary measures, Including adjusting the burden of proof in public interestenvironmental litigation, reasonable sharing of the cost of litigation, establishing securitysystem and pre-procedure of administration etc..Due to the restrictions on the basic conditions in china, compared to developed countriesthere are big gap on the development public interest environmental litigation. However, withthe development of economy and deterioration of environment, we should face up tocontradictions, and actively seek solutions.In the paper, the author gained meaning things on the public interest environmentallitigation system using the method of comparative analysis, logic analysis, and introducingexperience in other countries on the public interest environmental litigation system...