The Theory Of The Plaintiff Qualification Of The Environmental Adminstrative Public Interest Litigation

Environmental administrative public interest litigation is not a new type of litigation,but still administrative litigation with the environmental public interest protection as its target.The difference between environmental administrative public interest litigation and traditional administrative litigation lies in the standing of the litigation,which is"direct legal stake"in the traditional administrative litigation.Owing to the developing of the policy of"opening and developing",the economy has been developed very fast,but at the same time,there exist so many environmental problems.Environment is a kind of public resources,it concerns not only the private interests but also the public interests, the"direct legal stake"only can protect the private interests, thus makes our country's public environment could not be effectively protected.A series of environmental public interest cases are challenging this standard,which asks for the enlargement of this standard.On the basis of the study of the foreigen countries'experiences of standing, the paper aims at breaking the asks of qualification of plaintiff in the existing model of protecting personal interests,and constructing the system of wide qualification of plaintiff in the model of public interests suits, so we can protect the environment in a better way.The paper is divided into four parts,the main contents of this paper are:Charter one: This part covers the original and the definition of the the public interest litigation ,the theories of the plaintiff qualification of the Environmental administrative public interest litigation ,so that the people can have an approximate understanding to the environment administration public welfare lawsuit and the plaintiff qualifications.Charter two:This part mainly introducts the developing of the plaintiff qualification process in the foreign country ,the development and the deficiencies of our country. This part mainly focused on the standard of the plaintiff qualification and the typical theories in the development process, such as the thorey of the citizen action in the American and the thorey of the group action in the Germany.From the research of this thorey,we can see that there are the stipulations of the plaintiff's qualification and the standards are corresponding more and more.Charter three:This part covers that we should expand the scope of the plaintiff's qualification and the system theory and the realistic necessity.in establishing environmental administrative public interest litigation.Charter four:This part Describes how to build the plaintiff qualification, this is the core of paper. First, the plaintiff qualification should be rendered to the procuratorial organs, the social organizations and the individual citizen,only in this way,the environment of the society can be protected. Secondly, we shall coordinate the diversity of the plaintiff, thereby it plays a better role in protecting the environments.