The Research On Environmental Administrative Public Interests Litigation System

With the year of reform and opening up, our country is speeding up the process of modernization. With the rapid development of economy, environmental problems have become increasingly prominent. The Water pollution、Land desertification、 Warming、The problem of haze and so on,a series of environmental problems emerge in an endless stream, which Serious impact on the sustainable development of society and people’s standard of living. In addition to seek personal gain in spite of criminals and environmental problems behind this, there is a close relationship between administrative behavior and administrative organs at the expense of the environment for the development. Due to mistakes in decision-making or subjective illegal or not as, and Lead environmental public interest damage. The government,as defenders of the public interest, should subject to legal restrictions and sanctions.Along with our country to pay attention to the protection of public interest, the new "Civil Procedure Law" provisions of article fifty-fifth of the civil public interest litigation system in our country. It opens the public interest litigation. At the same time as the revised last year, China’s new "environmental protection law". On the basis of environmental public interest litigation and legal basis are the basic rules. This has become the construction of China’s history of environmental public interest litigation system. But it is worth noting that although China made a summary of the provisions of the environmental public interest litigation, and our country has not really set up by the amendments to the environmental administrative public interest litigation, and did not write the new revision of the "administrative procedure law". Which lead to violations of administrative organs in China in terms of the environment or not and cannot really be held as. The establishment of environmental administrative public interest litigation, not only for the maintenance of social sustainable development but also for people’s rights and interests. The article bases on the concept of environmental administrative public interest litigation. And combines the history of the environmental administrative public interest litigation and concept、characteristic. Discussing the necessity of the construction of environmental administrative public interest litigation in China. On the basis of specific provisions, it discusses its reference significance to china, mainly through the study of American, Germany and Japan’s environmental administrative public interest litigation and characteristics. Then the author makes research with the environmental administrative commonweal litigation system in China’s development present situation, and proposes the reason analysis. According to the above analysis, from the construction principle and the specific issues,it discusses two aspects to elaborate the establishment of China’s environmental administrative public interest litigation.