Studies Of The Environmental Administrative Public Interests Litigation System

Current, environmental pollution with break to aggravate increasingly, the duty of. the human environmental protection is too increasingly important, the nation is the public-spirited representative in environment, in drive gave manage environment bigness power at the same time, and also carried important job that rose environmental protection, however actuality repeatedly the administration behavior of the administration organization that take place infringes upon the public benefits in environment, our country the judicial system lacks again to gives relief fittingly mechanism, make public benefits in environment caned not get to guarantees effectively, therefore, at the our country establishes the public-spirited litigation in administration in environment very urgent.This article proceeds from theoretical research and system design, proposes firstly that we should set up the corresponding clauses of citizen environmental rights protection and the litigation right in the constitution, environmental protection basic law, special regulations of environmental protection and Administrative Procedure Law, make it possible for citizen to search for relieve on the condition that environmental public interests is damaged; Secondly the article has carried on the brief design of concrete system, including expanding plaintiffs standing, expand the scope of litigation, reasonable distribution of the burden of proof, protection and reward of plaintiff and reasonable burden of litigation expense as well as improving citizen environmental legal sense and promoting court status, etc..Because of the limitation of fundamental realities of our country, compared with western developed countries, there is great disparity in development of environmental administrative public interests litigation. With regard to concrete system, "administrative Procedure Law" of our country adopts "legal interested party qualifications theory in law" of which plaintiff qualification and scope of administrative litigation narrows; not enough to meet actual urgent request of environmental public interests protection. So, it's one of the focuses of my study.This study, the author used a comparative analysis of the main ways to highlight foreign environment administrative experience in the development of public interest litigation system, raises for our experiences. Further logical analysis and the use of case analysis.