On Our Country’s Administrative Environmental Public Interest Litigation System Construction

At present administrative litigation system have not been established, administrative public welfare action is already hot topics both in the academic and practical lots, and gradually attracts public attention. Comparing to the administrative litigation, the administrative public welfare action is a new type of litigation system, which allows a natural persons, legal persons, other organizations and specific state organs to take the administrative litigation to protect public interest when the public interest has caused or will cause damage. However, because the administrative procedure law have a limit on the scope of accepting cases, plaintiff qualification, and other aspects, so the public interest infringed upon can’t get the effective protection of the law because there is no suitable plaintiff and law to support, which reflects the lackness and faultiness of our administrative procedure law in the protection of public welfare, so it is urgent for protecting the public interest to set up this new system. According to the practical experience, the administrative public welfare action can be roughly divided into the public interest litigation against the loss behaviors of state-owned assets administrative, the against pollution and damage to the environment, the public interest litigation against discrimination vulnerable groups etc, and this paper focuses on the environment as the issue of public interest litigation.Environment is closely related to all our interests. It is not optimistic for environmental degradation in China. To protect the environment, most countries mainly take administrative means. Because authority must take the main responsibility to protect environment, so environmental quality also reflects the country’s administrative ability. Without exception, according to China’s regulations, the implementation of the environmental protection in China is also the government control, and the government take the main responsibility. However, as per our country economy development mode, in the face of interest, the government department as main environmental protector, often neglect environmental public interest. What is more, the country behavior itself also can bring boundless damage to the environment such as the unreasonable development plan, hydraulic engineering construction, etc, so most of administrative public welfare actions against environment protection and public interests end up with failure, because of no relevant legal basis in our country, which seriously damage the citizens’ environment interests and litigation rights. Therefore the author thinks that it is urgent and necessary to set up administrative environmental public interest litigation system, to make up for the absence of the current legal system to protect public interest, which is the key to solve the above problems.Compared with China’s study stage of administrative environmental public interest litigation system, some countries such as the United States, Britain and other countries, are perfect in the development in administrative environmental public interest litigation system theory, practice and system construction. Therefore, there are important theoretical and practical significances to utilize foreign successful experiences, to establish China’s environmental public interest litigation system for the protection of the right of citizens’ environment, litigation rights and to improve our country’s legal system. This paper is divided into four parts:the first is the progressive type analysis on the public welfare lawsuit, administrative public welfare action, administrative public interest litigation on environment, and then, the characteristics of administrative environmental public interest litigation and the necessity of setting up this system. The second studies the theoretical basis of administrative environmental public interest litigation system, and the perfect specific regulations effects of developed countries such as United States, Britain, Germany, and their inspiration to China. The third is to obtain reasons for slow peogress of administrative environmental public interest litigation system by the analysis on the judicial practice in China law status. Finally based on the reason analysis,the four part proposes the specific measures for the construction of administrative environmental public interest litigation system, and also under the correct basis of the right legal position of administrative environmental public interest litigation in China and the basic establishment principles, this paper offers many specific measures relevant this system construction such as the plaintiff qualification, the scope of accepting trial court, and prortective measures, etc.