Study On Plaintiff Qualification Of Environmental Administrative Public Interest Litigation

Environmental protection has been paid more and more attention in the development of modern society. The administrative organ has the responsibility of environmental protection as the defender of environmental public interest. However, in many cases, the administrative actions of the administrative organs will damage the public interests of the environment, so the victims should be given the right to litigation. To establish the environmental administrative public interest litigation plaintiff qualification is the beginning of the proceedings, in order to be able to achieve the illegal administrative acts of government complaints, the purpose of effective supervision of administrative acts, the need to clearly bring the plaintiff the main qualification. This paper focuses on the subject qualification of environmental administrative public interest litigation plaintiffs.First of all, the article introduces the environmental administrative public interest litigation plaintiff subject qualification related theoretical doctrine mainly includes environmental right theory, environmental public trust theory. The comparison of environmental administrative public interest litigation and environmental civil litigation makes the main difference between the two in the subjective position.Secondly,the main analysis of the legislative aspects of China's Administrative Procedure Law,and China's administrative litigation law in the environmental administrative public interest litigation subject qualification is too strict, the Administrative Procedure Law for the plaintiff qualification that adhere to legal rights standards, only the prosecutor's substantive law The interests of the victims to be able to bring judicial relief, which does not involve the protection of the public interest protection mechanism. Through the two specific cases of air pollution, the author analyzes the defects of the qualification of the plaintiff in the judicature. The author finds that the majority of cases can be solved in the existing administrative litigation legal system, and only some legal provisions need to be revised and perfected, because the people's understanding of the system resources of our country is not enough. The author points out that the newly revised Administrative Procedure Law does not clarify the reasons for the qualification of environmental public welfare plaintiff.At last, the writer draws the conclusion that China should adhere to the principle of administrative efficiency and the principle of judicial guarantee in the construction of environmental administrative public interest litigation in China by drawing lessons from the French ultra litigation, the Japanese public litigation, the American group litigation and the Indian environmental administrative public interest litigation system. Our country in the construction of environmental administrative public interest litigation to the plaintiff subject qualification extended to citizens, organizations, procuratorial organs.