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

Any legal system is born out of the economic and social soil on which it is based.Environmental administrative public interest litigation system is an important system for protecting environmental public interest,which comes into being in the process of human transformation from industrial society to risk society.Through this system,the environmental administrative actions of administrative organs can be effectively supervised.As we know,if the power is not supervised,there will be the risk of abuse.The environmental administrative actions of administrative organs are regional,and improper decisions may have a huge impact on the environmental interests of the whole region.Therefore,in order to standardize administrative behavior,it is necessary to restrict and supervise administrative organs,which is an important reason for the construction of this system.This special lawsuit conforms to the relevant provisions of administrative litigation and is closely related to environmental public welfare issues.In recent years,the academic circles have never stopped the research on the subject qualification of prosecution of this system.At present,the procuratorial organ is the only initiating subject of litigation and has filled the gap of the system.However,with the development of the objective trend of administrative litigation and the need to protect the right of action,it is imperative to expand the plaintiff of this litigation,and it is very reasonable for social organizations to enter the litigation.Under the trend of objectification of administrative litigation,this paper,based on exploring the problem of social organizations suing the government based on public welfare protection in the environmental field,will seek corresponding theoretical support for the legalization of the plaintiff qualification of social organizations through dialectical analysis of the advantages and disadvantages of environmental rights theory and environmental public trust theory.At the same time,this paper will also analyze the necessity and feasibility of social organizations filing such a lawsuit at this stage.The plaintiff of the first environmental administrative public interest lawsuit in China is social organizations,which also proves the feasibility of social organizations entering the lawsuit as plaintiffs from the practical level.On the one hand,it is necessary to fully understand the beneficial experience of other countries and Taiwan region of China.On the other hand,we should pay attention to the coordination of the relations between the parties,so as to form a reasonable system of environmental administrative public interest litigation in our country,so as to achieve effective supervision of administrative organs.In addition,social organizations should be given corresponding support and assistance,and incentive mechanisms should be set up to enhance the enthusiasm of social organizations to file environmental administrative public interest litigation.