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

The value choice of environmental public interest litigation is the theoretical procedure specification to micro hole is what,what the object is and means to realize what kind of legal effect reaches a predetermined problem.Behind the plaintiff qualification of environmental administrative public interest litigation has at least three hidden items,one is the litigant theory change,change theory mainly two: 1.the theory of action is no longer restricted to "direct interest",the main non direct interest if it is due to the social protection of public environmental interests,even no direct interest can also initiate proceedings;2.the theory of environmental rights is gradually accepted by people,and this is associated with the continuous expansion of environmental rights,protect the environment benefit by expanding economic interests to the original scientific value,aesthetic enjoyment and other non economic interests.Two is the environmental governance ways,the need for analysis of public interest litigation system with the mode of legislation,procedural law theory development,must explore the plaintiff qualification theory development and system design in different mode of environmental public interest litigation and environmental administrative public interest litigation.Three is the possibility of diversification of the plaintiff.The diversity of the content of public interest determines the diversity of litigation representatives.Public interest is a combination of multi-level,multi-subject or multi-group interest.It is a mixture of many interests.Between different groups of interests once the conflict will need to coordinate,the best way to solve this problem is to give different stakeholders fully receive the same expression,opinion and get chance to think,when the various interests of different subjects have get justice,equality and expression in the proceedings,the purpose is to protect the interests of the public may be realized.Environmental public interest is the majority of people do not have the specific interests of unit fit,contains a variety of different interests,protect the environment and public interest,the expression of the interests of the citizens,to be specific,thus,appears in the lawsuit "platform" qualification for the importance of interests,the importance of the public interest to protect the environment.