The Research On Chinese Environmental Non-governmental Organizations’ Obtaining Of Plaintiff Qualification In Public Administrative Litigations On Environment

With the rapid economic development in recent years, the environmentalproblems have become increasingly grim. Our living environment is one ofsocial “public goods”. Unfortunately, in its sustainable development as wellas the integrated exploitation and utilization of the resources,“market failure”and other shortcomings of externalities grows prominent. Therefore,government’s regulation plays an accelerating role as an effective means tocircumvent the failure. The point is the government does not seem to performwell in the management and configuration of the public environmentalinterests. The poor executive operation always fails to represent theseinterests of public, and might exert negative impact on the current environment sometimes. According to the theory of environmental publictrust, when the government, as the trustee, abuses its power or fails exercisethe care of a good administrator, which leads to the cost of environmentalinterests, the public, as the client, may show up to ask for government’sreasonable fulfillment of its duty.The historical values of public administrative litigation for environmentlie in its breakthrough of the traditional paradigm of political governance, itsconstruction of an effective and interaction model between government andcitizens, which realize the public forces’ effective supervision of governmentpower, thereby safeguarding the public interests. Environmental NGOsurpasses common citizens in the involvement of environmental managementdue to its functional orientation, and system of organization and operation.And what highlights its competitiveness is full achievement of itseffectiveness and extensiveness of the methods participation. Currently,many countries and regions have granted environmental NGOs plaintiffqualification in public administrative litigation for environment throughlegislative practices and judicial precedents.However, the environmental NGO face challenges practically andtheoretically when it comes to public administrative litigation onenvironment. It cannot ignore the impact of the traditional eligibility theory on the legal presumption of identity and function, let alone the negativefactors internal and external concerning its self-development. To achieve thelitigation, to ensure the effective and reasonable conduct of it, and tocircumvent the environmental NGO’s abuse of the right of action, thefollowing worth a try. As for the system construction, we need to reconstructand improve the administrative litigation system to establish a initiationmechanism for the environmental NGOs to gain ticket to the publicadministrative litigation on environment; we need to set up a recognitionmechanism to narrow the access of the environmental NGOs to enter thelitigation mentioned above; we need to found a procedural supporting systemto breakthrough the plight of the environmental NGOs’ access to thelitigation mentioned above.