On The Environmental Protection NGO's Participation Of Environment Administrative Public Interest Litigation

In recent years,the problem of environmental pollution in china is more and more seriously.The environmental administrative organs do not carry out their duty which lead the environment right of citizens always being violated.With the rapid development of the environmental NGO,it participation of environmental administrative public interest litigation is becoming a matter of concern to the public.The environmental protection NGO has the characteristics of public interest and professional.It could remedy the inadequacies which proceed the environment administrative public interest litigation by individuals.This article studies that how the environmental protection NGO takes part in the environment public interest litigation in our country .The article divided in to five parts .The first part about environmental protection NGO and environment administrative public interest litigation.In this part,it introduces the definition,the characteristics,the background of the environmental protection NGO.It also introduces the definition,the characteristics and the qualification of the prosecutor of the environment administrative public interest litigation.In addition,this Part introduces the significance of the environmental protection NGO's participation of environment administrative public interest litigation.The second part is the theoretical foundation of environmental NGO participate in environment administrative public interest litigation,it introduces the theory of environmental rights,the theory of public participation and the theory of legal interests and the reflected interests.This part focuses on the theory of environmental rights which covers the origin,the development,the nature and the content of the environmental rights.The third part introduces the practice from abroad.This part emphasis on introducing the practices of American and the German's environmental protection NGO's participation of environmental administrative Public Interest Litigation,and finding the same spot and the different.The fourth part introduces the development status of environmental protection NGO,and then analysis the internal and external reasons of obstacles which environmental protection NGO participate in environment administrative public interest litigation.The internal reasons mainly about the shackles of political system,the barriers of ideological and cultural,the deficiencies of registration system,and the missing of legitimate status.The external reasons mainly about economic factors and the restrictions on their own level.The last part is the focal point of this article.It is about building our system that environmental NGO participation of environment administrative public interest litigation.This article put forward the idea of strengthen the environmental NGO eligibility and the security of procedures to promote the system of environmental protection NGO's participation of environment administrative public interest litigation.This paper carry out on three aspect to strengthen the environmental NGO eligibility:establishment of qualifications of the prosecutor ,funds and registration system.In the security of procedures ,this part mainly introduces the former procedures,the implementation of the suspension procedures,the cost of litigation,the scope of the case,the burden of proof,the claim and the disposition right of the environmental protection NGO.