Study Of The Environment In Administrative Litigation

Environmental law is a new branch of legal department. Compared with other traditional legal departments, it has some unique characters, especially in it' s function of protecting people's personal right of environment from government' s illegal administrative actions. But the problem is: how to get remedy when government' s administrative action damaged the public interest of environment? According to the existing laws, we have to resort to government' s self-supervision and self-correction, but the limits of self-correction made us to find another way to solve this problem. So the litigation of environment for the public interest is coming into our sight and the question of who can initiate this litigation becomes the focus. The qualification of plaintiff is the main idea of this article. The study object of this paper is the qualification of plaintiff in environmental administrative suits, in order to construct the system of wide qualification of plaintiffs in the model of public interests suits, by reforming thesystem of the qualification of plaintiffs in today's administrative suits- breaking theasks of the qualification of plaintiffs in the suits model of protecting personal interests.This paper is divided into four parts, which has about 32,000 letters. The main contents of this paper are:Introduction: Beginning with a case, study the cause of the qualification of plaintiffs in environmental administrative suits and the means of study.Charter one: Construction of the base of the theory- the definition of thenature of the qualification of plaintiffs in environmental administrative suits and the standard to decide. This charter is the general introduction of the legal system of the qualification of plaintiffs in environmental administrative suits. This paper expounds the qualification of plaintiffs, the natures of the basic definitions of the qualification of plaintiffs in environmental administrative suits, the standards of the qualification of plaintiffs in environmental administrative suits from basic theories, and maintains that the special nature of the qualification of plaintiffs in environmental administrative suits is the sociality and common interests of the environmental disputes.Charter two: Foreign examples-compare study of the qualification ofplaintiffs in environmental administrative suits in foreign countries. Through the study...