Research On Environmental Administrative Public Interest Litigation Initiated By Environmental Protection Organizations

With the rapid growth of the economy,pollution of China is becoming more and more gravely.One of the most important means to save the environment problems in the Judicial field is to establish and improve the system of environmental public interest litigation.The change of civilian law established the civil environmental public interest in our country basically.However,there are kinds of reasons that lead to the environmental degradation.We have to say one of the most important reasons is environmental administrative organs illegal administrative acts and omissions.Therefore,it is essential to build and improve the system of environmental public interest litigation,espically to discuss the competence of the plaintiff.Today,the trend of national environmental legislation is expanding the qualification of plaintiff in the litigation to safeguard the environmental public interest,and the accuser competency in administrative litigation of our country is identified so narrowly that the litigation lack of proper plaintiff,it is necessary to break through the restriction of accuser competency of traditional procedure law to give the litigation a wider range of plaintiff qualification to protect the environmental public interest and to supervise public power.This article mainly uses the literature analysis method,comparative analysis method and system analysis method to construct environmental organizations in our country in the filed of this special litigation system.Our country can learn from the experience of natural environmental administrative public interest litigation qualifications from the United States,Germany and India.At the same time,the environmental organization make a claim through the litigation process as a project.We should analysis the present situation of the legislation carefully to conclude the feasibility and necessity of the environmental organization bringing the litigation.The object of this paper is to research the plaintiff qualification of the environmental organization who can bring the litigation.The first part mainly expounds the concept and characteristics of environmental administrative public interest litigation.The second part analysis respectively the feasibility of the environmental organizationto bring the litigation from two aspects of theoretical and practical needs.The third part analysis the necessary aspects of the environmental organization bringing the litigation including the values and relative advantages..The fourth part is the extraterritorial application of related litigation system,and analyze the environmental administrative commonweal litigation system of citizen in our country.The fifth parts is to establish the system from the legislation,evidence and litigation costs and so on.