Research On The Qualifications Of Environmental Administrative Public Interest Litigation

The new normal concept of development of Coordination of the implementation of social economic development and ecological environment protection,which is the important guiding ideology during the period of social trans formation and upgrading in the "13th Five-Year" in China.After the industrial revolution,because the frequency of pollution incidents,the environmental crisis has been restricting the economic development,and thus,many countries in the world have perfect legal system focus on improving the design of environmental protection legal system and policy,to seek the balance of environmental protection and economic development relationship,the new economic norm is a major development in China's environmental law in the process of the change of the concept,and the environmental public interest litigation system is a specific plan of environmental law.Environmental administrative public interest litigation system as a branch of environmental public interest litigation,which is solutions proposed by many government administrative departments of dereliction of duty illegal status in the current problems of environmental pollution.This paper selects the qualification of public interest litigation,through the specific discussion of the five part,study on the construction of environmental analysis system the administrative public interest litigation plaintiff qualification system,provide the corresponding theoretical support to the expectations of the environment legal system construction in our country.Besides the introduction,the main content is divided into five parts:The first part: Summarize the related legal theory overview of environmental administrative public interest litigation qualification.The paper first gives a theoretical definition of environmental administrative public interest litigation,laid the tone of the paper.After that,the author expounds three legal theories to support the research of environmental administrative public interest litigation qualification: environmental public trust theory,the theory of environmental rights and the theory of action.The second part: Procuratorial organ pose theoretical analysis and practice research of environmental administrative public interest litigation qualification.The procuratorial organ as the national public authority,with a natural public representative qualification,because the identity of the public authorities,with the priority of other subjects don't possess to pose the environmental administrative public interest litigation.Select the United States and France.Learn from the experience of the environmental administrative public interest litigation in American and French prosecutors filed.The third part: environmental organizations posed the research of environmental administrative public interest litigation qualification.This part based on the public participation theory and public nuisance theory,provides a profound theoretical origin for the environmental protection organization environmental administrative public interest litigation qualifications,and wrote with the advantages of public interests,professional tech,broad mass and etc and lack of funding,lack of self-development and other aspects of the defects and shortcomings,when public environmental organizations involved in environmental administrative litigation,by referring to the relevant system in United States,Germany and Japan,to provide theoretical support and reference for national environmental protection organization of public interest litigation.The fourth part: the research of plaintiff qualification of individual citizens filed environmental administrative public interest litigation.This part based on the elaboration of private attorney general theory and the theory of res judicata expansion,analysis the necessity of establishment of citizen's sue qualification in environment administrative welfare lawsuit and the obstacles and problems system design faced,and learn from the United States,India and other countries,put forward the system design improvement.The fifth part: the construction of China's diverse and orderly environmental administrative public interest litigation plaintiff qualification mechanism.This part is the emphasis of the thesis,also as the main innovation and core of the whole thesis.This part elaborates the procuratorial organs,environmental organizations and individual citizens in the aspects of measures to improve the construction of our country's environmental administrative litigation plaintiff qualification system that provides multiple sets of feasible system design scheme for the system of environmental administrative public interest litigation in our country.