A Study On The Mechanism Of Administrative Public Interest Litigation About Environment

Along with our country economy development, people’s living standard has been greatly improved, but the contradiction is a problem not to be ignored is that man and nature has become increasingly prominent, protect environment, it is a development model of harmony between man and nature is very important. People in the given state organs of public power at the same time, the state organs should bear the responsibility to protect environment, but in reality a one-sided emphasis on economic development, neglect of environmental capacity, the excessive exploitation of natural resources and damage to the environment occurs again and again, so how to supervise administrative acts of state organs, the exercise of public power into the orbit of the legal system it is a very key problem. For the protection of the environment and the exercise of public power, the establishment of a broad participation in supervision mechanism, necessary for a proper plaintiff to investigate the legal liability of the illegal behavior of the system construction in found illegal administrative acts of destruction of the environment, so the environmental administrative commonweal litigation system will emerge as the times require.In this paper, based on the analysis of the administrative public interest litigation on the basic theory, focuses on the research of administrative public welfare action of the plaintiff and the startup mechanism problems. In the problem, this paper will study the establishment of basic legal basis, including the interest relationship theory, administrative theory of trust and private prosecutor theory. Then according to the actual situation in our country for the plaintiff qualification in China’s environmental administration public litigation to problems, and tries to put forward some suitable as the theme, including the environmental protection departments of civil, social public interest groups, the procuratorial organs, the National Party and the national autonomous organization, and analyze its rationality. Next, this paper will study through what channels to grant the plaintiff qualification of these topics, including legislation, judicial interpretation system way, transplantation in civil law and the creation of "environmental right". In the last part of the paper studies the environmental administrative commonweal litigation system will focus on startup procedure, the pretage procedure based on a discussion of two kinds of start-up mode on environmental administrative public interest litigation, including the procedure existence value and adverse effects, and try to put forward some suggestions in the program settings. Finally, the environmental administrative commonweal litigation system incentive measures, focusing on the theoretical controversy about the rationality of incentive measures, and then study the related costs in administrative litigation of the bear, in the relevant role of lawyers and lawyers shall bear the expenses for some of their proposed problems.Because of the system of administrative public interest litigation in China is still in the establishment stage, it is very important for the study on legal system, the system design also should give full consideration to the specific conditions of our country, in addition, due to the urgency of environmental protection in China, the system design also should take into account the efficiency of system operation.