The Study On The Plaintiff Qualification Of Environmental Administrative Public Interest Litigation In China

With the development and progress of society, States Environmental Protection has been more and more attached importance to. And the executive as the defenders of national and public interests in his capacity, sometimes damage the environmental public interest in order to pursue the one-sided interests. However, because of the limitations of the plaintiff qualifications in the traditional administrative litigation system, the environment public interest cannot be protected. So states relax the qualifications of the plaintiff, set up related litigation system to protect the environmental public interest and constrain the executive power gradually at the judicial practice. Although their names are different, they all belong to the category of environmental administrative public interest litigation. Because of the strict restriction of plaintiff qualifications in China's Administrative Procedure Law, the environmental administrative public interest litigation cases in reality cannot be accepted and hear by The Judiciary and the environmental public interest cannot be protected. So we must develop the plaintiff qualification in the first if we want to establish environmental administrative public interest litigation in China.This article is divided into four parts. The first part introduces the origins of environmental public interest litigation and the meaning and characteristics of environmental administrative public interest litigation. Discusses plaintiff qualification's core status in environmental administrative public interest litigation and the resolution of confliction between environmental administrative public interest litigation and China's Administrative Procedure Law is to enlarge the plaintiff qualification. The second part introduces the development trends of enlarging administrative litigation plaintiff qualification and related systems of protecting environmental public interest in some foreign countries, and sum up the mode of environmental administrative public interest litigation and the enlightenment to our country. The third part discusses the reality and plight of environmental administrative public interest litigation plaintiff qualification in China. I will combine with China's actual situation and the related theory to discuss the necessity and the possibility of enlarging the environmental administrative public interest litigation plaintiff qualification and the excessive litigation problems and its solutions. The forth part bring forward the concrete ideas of our country's environmental administrative public interest litigation plaintiff qualification and the safeguard of the institutions.In this paper, based on combining with the development status of foreign-related plaintiff qualifications, learning from their theory, comparing with the shortage of China's Administrative Litigation Law and our society status, I will probe into China's environmental administrative public interest litigation system. I hope that it has some value on enlarging the environmental administrative public interest litigation plaintiff qualification and the build of concrete system.