Study On The NGO’s Participation Of Environment Administrative Public Interest Litigation

Ecological environment has the property of social public property, it is shared by the public, entrust the government as managers and maintainers. But, the government role is plural, result in "government failure" phenomenon in the field of environmental protection. This article introduced in view of the government shall perform their duties according to law and not result in damage to public environment of the judicial relief way, in other words, the environmental administrative public interest litigation system. Based on plaintiff’s subject qualification as the research object, this paper select a non-profit, public welfare, and the characteristics of the professional environmental NGO as an administrative public interest litigation the plaintiff main body, and to explore its involved in the path of the environmental administrative public interest litigation.In this paper, based on the analysis of the theoretical basis, draw lessons from foreign legislation and practical experience, summed up the environmental ngos initiate administrative environmental public interest litigation in our country are faced with the dilemma, mainly reflected in the absence of environmental right in legislation, the plaintiff qualification of incomplete laws and regulations, and the government in the NGO management problems. To solve above problems, and puts forward the solution, specific solutions have focused on three points. The first, The establishment of the plaintiff qualification;the second,expand the scope of accepting cases of administrative litigation;the third, NGO registration management system reform. Hope that through the solution of these problems, dredges the path of the environmental NGO initiate administrative environmental public interest litigation,perfecting the judicial power in the field of environmental protection of executive power restriction mechanism.