The Research On Environmental Administrative Public Interests Litigation System In China

Because of rapid economic development and industrialization advancement since the reform and opening up, the harmonious relationship between people and the environment breaks. The abuse of natural resources and deforestation brings a serious challenge to people’s right to existence and development. In the new millennium, our country puts forward the road of sustainable development---not only satisfy the interests of present age people, but not affect the development of future generations. Even if this idea is exciting, there are still many problems. For instance, goverment, should be a supporter of public interest, not protect society benefit sometimes, so far as to cause the damage of public interest because of its decision, especially on the maintenance of public environmental welfare issues. When administrative act of relevant departments infringing upon the people’s environmental interests, what should people do to safeguard their legitimate rights and interests? Therefore, using the method of establishing administrative environmental public interest litigation system to restrict the government’s environmental management are already paid widespread attention these days.The administrative procedure law in our country has not set up administrative environmental public interest litigation system now due to various factors. For example, the loss of environment right in current law of our country, the limitations of the plaintiff qualification and the scope of accepting and others in administrative litigation law. Consequently, a large amount of violations of the environmental interests in our country could not get the effective treatment fairly according to the law. It reflects the urgency of establishment of China’s administrative environmental public interest litigation. It is fortunate that the litigant advantage theory provides a theoretical basis for the establishment of China’s administrative environmental public interest litigation as well as the cases involved the society and public inspection authorities in administrative environmental public interest litigation for administrative environmental public interest litigation system provides a practical basis.Based on the related concepts of public welfare lawsuit, this thesis investigates the area of environmental administrative public welfare action system abroad that contrasts to our country’s administrative environmental public interest litigation system. In essence. More precisely, due to the status quo of China and foreign administrative environmental public interest litigation system, it puts forward to give citizens the environment right in the constitution and other laws to protect environmental public interest. This paper also gives suggestions due to plaintiff qualification and the scope of accepting so as to help the construction of our country administrative environmental public interest litigation system.