Discussion On The Establishment Of The Environmental Administrative Litigation System: From The Aspect Of The Public Environmental Right

After the fifties or sixties of the 20th century, environmental protection began to become the panhuman undertaking. The concept of environmental right, breaks the traditional environmental management mode, and becomes the foundation stone of structuring the environmental legal system and the core of the environmental law. On requiring of the political democracy , the public environmental right is traditionally regarded as the supervision and supplement of the administrative power of the environment. Nowadays, the public environmental right plays more important role in the system of environmental protection and environmental resource distribution, and displays its independent position and value day by day. In practice, administrative litigation is the most important and basic way to ensure the public to exercise its environmental right, participate in the environment policy-making, supervise and restrict the executive power:What it protects is mainly environmental right and all of the interests which relative people should enjoy in the administrative course.On one hand it goes on supervision directly to national environmental administrative power, on the other hand maintains its order of operation steady. Environmental administrative litigation has the most impact on the value system and the culture idea that is the foundation of the public's environmental right, though this kind of influence is indirect.Becourse of the congenital social law omission and the deep-rooted administration legal thinking in plan-economy, environmental law resources for the current stage in our country is not abundent. With the globalization of market, network of communication, convergence of legal culture, there is an irresistible trend to imitating and transplanting legal system from foreign culture. The analyze and comparison of changes in environmental administrative litigation systems that ensures the public environmental right in U.S.A., Japan and the other western countries can offer beneficial experience for the establishment of the relevant systems in our country .The judicial power of our country is relatively weak. According to the current situation, in the period of setting up in environmental administrative litigation system of our country, it is very important to take the reform of judicature mechanism and set up a sound system of environmental right. In this premise, through to having modification to laws and regulations, we can modify the existing lawsuit system perfectly in order to make the best guarantee effect to the public environmental right.