Research On The Plaintiff Qualification Of Environmental Ngos In Environmental Administrative Public Interest Litigation In China

The development of economy has brought negative impacts on the environment during the economic output rising period in China. Environmental problems intens ified, so that the people pay more and more attention to the effects of the deterioration of living environment. Environmental disputes which happened in daily life, especially those between citizens and administrative government couldn't be solved effectively. After the 18 th National People's Congress held in Beijing, China launched the strategy of rule of law, focusing on environmental protection. China has put great efforts on the judic ial reform of Environmental Administrative Public Interest Litigation in some severely polluted areas, in order to explore and build remedy measures.The traditional theory of plaintiff qualification limits the development of plaintiff system of the Environmental Public Interest Litigation. It?s necessary to select an appropriate p laintiff so as to build the Environmental Public Interest Litigation System. After learning from the foreign environmental NGOs? litigation experience, this article will analyze the dilemma that China's environmental NGOs have faced with, and make their way to the Environmental Public Interest Litigation.Based on literature read ing and variety research methods of historical analys is, empirical research and comparative research, the basic contents of this article are as follows : Firstly, this artic le will elaborate the theoretical basis of Environmental Administrative Public Interest Litigation, and d iscuss the differences and associated points between the Environmental Administrative Public Interest Litigation proceedings and traditional administrative proceedings. Then, this part will continue analyze the predicament that Environmental Administrative Public Interest Litigation has faced with. Secondly, this article will summarize the status of the domestic theories about the Environmental Administrative Public Interest Litigation brought by environmental NGOs, includ ing the legal content and nature of the plaintiff qualification, the current legislation of the p laintiff qualification and the academics? attitude towards NGOs? plaintiff qualification. Meanwhile, the author will analyze the relevant cases of which executive authorities are the defendant or the third party. Then, the author will briefly introduce the provisions on environmental NGOs in US Citizen Suit and Germany Verbandsklage System. Third ly, this artic le will d iscuss the necessity and legitimacy of environmental NGOs being the plaintiff o f the Environmental Administrative Public Interest Litigation. Finally, to propose the idea of establishing a system that environmental NGOs are allowed to take environmental administrative public interest cases to courts.