On Environmental Public Interest Litigation System

With the rapid development of economy and society, the environment public interest is being scathed, which results from government's insufficiency of intendance and undemanding execution of the law. With the enhancement of right awareness, people more and more deeply realize that public interest is closely bound up with personal interest, but traditional litigation model cannot protect environmental public interest very well. So it is more and more urgent to build up environmental administration public interest litigation system.To establish environmental administration public interest litigation system in our coutry has theoretical basis and is accessible in realities. Theory of environmental rights and the sue interest theory apply it plenty of theoretical basis. The urgent demand of public's attending environmental administration and the procuratorial organ's legal position apply environmental public interest litigation a good chance.This article proceeds from the differences between environmental administration public interest litigation and relative public interest litigation.On the basis of theory of environmental rights and sue interest theory, it analyses the present position of and essentiality of building up environmental administration public interest litigation system in our country. Furthermore, the paper proceeds from system design, proposes firstly that we should set up the corresponding clauses of citizen environmental rights and the litigation right in the constitution and environmental basic law, which 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 plaintiff's standing, expanding the scope of litigation, reasonable distribution of the burden of proof, and reasonable burden of litigation expense, etc..