On Environmental Public Interest Litigation Plaintiff Qualification And Its Safeguards

With the fast development of china's economy recent years, environmental pollution , ecological damage and other environmental problems were aggravated seriously without effective controls. There are many serious environmental accidents evry year, which will impede the homoney and sustainable developent of economy, social and environment if we can not stop it. Face to such situation, China did lots of works in environment legislation and the environment law became the department of the largest number in legislation and of the fastest development. As a matter of fact, the environmental pollotion and ecological damage fail to under control, one of the main rensons coused such is most environment law lack of maneuverability, but the most important one is that the enforcement of the environmental statues lack effective public involvement. In accordance with Administrative Procedure Law of People's Republic of China' the standard of standing is "legal stake", under which the public have no right to take a suit against the actions of administration that will or may harm the public environmental interests. This makes the public environmental interests can not get enough protection. Enlarging the bound of standard of standing and then establish the system of environmental administrative public interest letigation of China is the most effective method to resolve the problems above mentioned, is requre of the homoney and sustanable development of economy, society and environment.By studing the system of environmental administrative litigation of China, this paper finds out some problems about the standing. And based upon the advanced experiences of the developed countries, this paper re-explains the standing standard of environmental administrative public interest legislation, designs the type of the standing and advises to take some mesures to guarantee the implement of the system. This paper constitued of four parts. The first part covers the relationship of public interest and environmental administrative public interest litigation, the fatures of environmental administrative public interest litigation, development of the theory of administrative public interest litigation standing of the world and the theory basis of enlarging the standard of standing of environmental administrative public interest litigation. The second part introduces the situation of our country, pointing out that Chnia shall establish environmental administrative public interest litigation system by enlarging the bound of standing. Also in this part the paper analyze the ystem basis of enlarging the bound of standing. The third part advise that we shall give three kinds of parties the standing of the environmental administrative public interest litigation. They are prosecutor, the public and the NGO. The forth part suggestes that we shall take some measures to insure the system implement effectively.