The Study Of Chinese Environmental Administrative Public Interest Litigation System

With the rapid development of economic society, there are many phenomenon ofviolations of environmental public interest, the important reasons for thisphenomenon is the lack of government supervision, the laxation of law enforcement,and the imperfection of Chinese environmental administrative public interest litigationsystem, the Harm of public interests often lead to the damage of personal interestsdirectly or indirectly, at the same time, people’s awareness of civil rights are raisingin modern society, and the old pattern of litigation can’t get people involved in theprotection of public environmental interest’, and cant protect the environment publicinterest well, so to construct our country’s environmental administrative publicinterest litigation system has become increasingly urgent.This article from the difference between the environmental administrative publicinterest litigation and related public interest litigation, based on the environmentalright theory, analyzes the present situation of our country’s environmentaladministrative public interest litigation and the necessity of construction. Thenembarks from the system design，ifrst，add the corresponding provisions of civilenvironment rights and litigation rights to the constitution and environment relatedbasic laws, so people can seek relief when their interest are damaged; Next，designthe concrete system brielfy，including expanding the plaintiff prosecutionqualiifcations, expand the scope of accepting cases of administrative litigation, thereasonable allocation of the burden of proof, set prepositional procedure，undertakereasonable costs of litigation, etc.