The Construction Of The Plaintiff’s Qualification Of The Environment Public Administrative Procedure

More and more environmental pollution makes people surfer a lot. The tradition mode of the government as the environmental moralist is out at elbows. The government is pursuing the immediate interests to make regional protection, or the improper policies, which seriously influence the sustainable usage of the environment and the sources. Because of fearing the government and the constraint of the qualification of the plaintiff, most of the suffers don’t or can’t file the environmental administrative suit, which makes the civil compensation suit the main remedy. However, civil action as a post protection can’t at the source play the role to restrain the environmental pollution. To arouse the awareness of government and the public to protect environment, lighten the bad influence of the political action, the environmental administrative public interest litigation is the best solution. The core to build the system is to break the limit of traditional administrative department as the plaintiff, and to rebuild the qualification standard. This paper is focusing on building the plaintiff qualification of the environmental suit, in order to create a administrative public interest litigation system which is according with the aspiration of the people, conforming to the process of democracy and the rule of law, embodying the spirit of the age and social ideal. This paper consists four parts.The first part discussed environmental administrative public interest litigation, environmental administrative public interest litigation plaintiff qualification connotation and its evolution. This paper argues that, the administrative environmental public interest litigation is a new administrative law suit system, that the suitable subject according to the law, in view of the behavior that the administrative subject not to perform the duties but to damage the environmental public interests, for the purpose of protect the public interests, to file a suit to a people’s court to stop the improper administrative action or to fulfill their legal duties and responsibilities. As for the plaintiff qualification, after the paper evaluated the capacity, rights, interests, limitation sayings, it is thought that the plaintiff qualification is to regulate the conditions of the subject to become the plaintiff, whenever it’s suitable, one can get the identification of the plaintiff, which means the subject has the possibility and the basic rules to start the procedure for his litigation purposes. About the historical evolution of the plaintiff qualification, this paper is based on other scholars’view, divided into four development stages:no law standard stage, general rule standard stage, legal rights recognized standard stage, the interest party recognized standard stage.The second part around our country’s environmental administrative public interest litigation plaintiff qualification of judicial predicament expansion discussed. Think first of all judicial predicament from the administrative procedure law of the plaintiff qualification restriction, the administrative procedure law article2plaintiff qualification will be limited to legal rights by the administrative organs and their staff the specific administrative act of infringement of citizens, legal persons or other organizations. Foreign judicial interpretation plaintiff qualification slightly raised to a specific administrative act and the existing legal interests, compared with the traditional theory have to say progress, administrative procedure law the plaintiff qualification qualification in fact is still limited to substantive law established by the rights and interests of the damage to the substantive right subject, in order to maintain public and claim on the general citizens are still does not have the plaintiff qualification. Judicial trouble on the other hand is the constitution of our country at present not to take the environment right as a citizen’s basic human rights, China’s environmental protection law despite all units and individuals to impeach and accuse pollution and environmental damage behavior of the right, but not yet have the right of citizens’environment specific provision, cause this right lack of practical operability and accept sexual and eroded, more can’t be administrative environmental public interest litigation plaintiff qualification right foundation.The third part of environmental administrative public interest litigation plaintiff qualification change direction is discussed, it is thought that the realistic contradiction and demand reminds us, change administrative environmental public interest litigation plaintiff qualification is the only direction to relax the plaintiff qualification restrictions. First of all to relax administrative environmental public interest litigation plaintiff qualification of the feasibility study on the environmental right theory, the litigant advantage enlargement theory, as well as attorney general theory of the generation and growth, makes a comparative study of the legal system in countries that practice and theoretical study of the formation of the theory of plaintiff qualification expansion laid a theoretical foundation, make the plaintiff qualifications enlargement has the feasibility. Secondly, to relax administrative environmental public interest litigation plaintiff qualification, this paper probes into the necessity of to a large number of theory, facts argument plaintiff qualification of enlargement is conducive to the preservation of the environment public interests, to safeguard public rights and freedom, which is helpful to realize the power of administrative supervision and checks and balances.The fourth part in the above argument basis for our country’s environmental administrative public interest litigation plaintiff qualification for the reconstruction of the bold and puts forward his own unique insights. The paper first to the United States, Britain, France, Germany, India and other countries environmental administrative public interest litigation plaintiff qualification legislation was investigated, through investigation in our country that the reconstruction of the plaintiff qualification has important reference value regularity revelation:First, in the legislative and judicial system in order to expand the scope of the administrative relative person, make the plaintiff qualifications limit the eased, more people can make a plaintiff qualification start administrative environmental public interest litigation. Second, countries all tend to use benefit principle instead of traditional legal rights principle, the plaintiff qualification, no longer need to prove their legal rights have been sued administrative behavior of the infringement, and just put forward for the administrative behavior and suffered interests of damage. Third, as the public interests worldwide valued degree increasing, prosecutorial power in the administrative areas of public representative also increasingly prominent. The procuratorial organ capsule into the environmental administrative public interest litigation plaintiff team is the trend of The Times. After foreign legislation and judicial investigation, to our country of the plaintiff qualification for the reconstruction of the proposed advocating Suggestions:First, the correction of the interests of the lawsuit the definition of the standard. The plaintiff qualification of the widening and interest of action correction of environmental administrative public interest litigation is exist side by side and play a part together, he traditional interest of action theory must be able to promote access to basic texture of plaintiff qualification, thus is conducive to the realization of relax plaintiff qualification. Second, break through the shackle of direct stake in standard, expansion of the range of plaintiff qualification. Environmental right of citizens to enjoy generally has the qualification of plaintiff is in accordance with the principle of sovereignty of the people established the constitution and the restriction of private right to the public right. Environmental organizations have qualification of plaintiff in the litigation by environmental organizations own advantage to decide, not only such, the advantage of environmental protection organization can make up for the deficiency of citizens and the procuratorial organs filed in environment administrative public welfare lawsuit. The procuratorial organ with the plaintiff qualification is decided by the needed of judicial practice urgently, at the same time, constitution for the prosecution of environmental administrative public interest litigation provides a fundamental legal basis and guarantee.