On The Construction Of Chinese Environmental Administrative Public Interest Litigation System

Nowadays, with Chinese industrialization process developing fast and with the environmental pollution and ecological destruction becoming increasingly serious, the maintenance of environmental public interest has become one of the many heated topics of society for thousands upon thousands of people. In Chinese traditional political environment, the defender of the public interests is the government. But in the environmental right area, the fact that an increasing number of the event of executive power against the public environmental rights event occurs in a row, indicates that to some extent the government not only bears the full responsibility for the maintenance of public environmental interest, but also infrings upon people's environmental rights. As far as I am concerned, it is high time that we spared no effort to establish relevant environmental administrative public interest litigation system so as to promote the level of protection for the environmental public interest by the means of judicial supervision right.Environmental administrative public interest litigation system hasn't been established in our countray, due to the restrictions on the scope of the court case, the plaintiff of the main eligibility limits and the supporting mechanism. It is of vital importance and urgency that we should take actions to establish the environmental administrative public interest litigation system before the situation of the lack of judicial remedy for environmental public interest gets worse.This paper describes the theoretical research and the system construction for the establishment of environmental administrative public interest litigation system in our country through being adopted the comparative analysis method, logical analysis, case analysis, factor analysis and other research methods.First of all, this paper describes the concept, content, feature and the theoretical basis of the environmental administrative public interest litigation, discusses its history and development status, introduces its legislation and practice in varying degrees of the extraterritorial relevant countries and regions, proposes the innovative ideas for the establishment of environmental administration public interest litigation in our country. Second, this paper studies the legislation status, judicial practice of Chinese environmental administrative public interest litigation, in-depth analysises its difficulty faced in practice, discusses in detail the necessity and feasibility of the system.Finally, this paper proposes the construction for the establishment of environmental administration public interest litigation in our country based on the national conditions and the experience, practice of the extraterritorial relevant countries and regions, mainly discusses the principles, the scope of the court case, the plaintiff of the main qualifications, the supporting mechanism and other factors, and proposes their own views with regard to solve the contradictions of the judicial means absence and the environmental public interest maintenance before the estabishment of the environmental administrative public interest litigation through legislation.