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

The environment is the foundation of human survival and development at any time,especially in recent years,China's economic development has made great achievements,but is accompanied with deterioration of the ecological environment,environmental resources shortage and environmental problems.With the public awareness of environmental protection and legal consciousness and strengthen.Environmental public interest litigation this is committed to protect the environment for the purpose of public interest litigation system has the necessity of existence and value.In recent years,the theoretical research on environmental public interest litigation the deepening of judicial practice,also actively explore,and constantly improve the enironmental public interest litigation system.The system of environmental public interest litigation mentioned here,not only Including the environmental civil public interest litigation,including environmental administrative public interest litigation.Because of environmental pollution caused by more than a few enterprises,the concrete administrative behavior and abstract administrative acts are likely to cause damage to the environment public.In this paper,it is the problem of environment caused by illegal administrative behavior or not as,who should be sued.Although China's environmental administrative public interest litigation is not included in the administrative litigation law,but the establishment of a litigation system,clear the qualification of the plaintiff is the most basic premise,so as to make the plaintiff of the litigation rights in the legal framework.Also,in order to make the system to a higher level and perfect the possibility.In the previous article on environmental public interest litigation and administrative public interest litigation research foundation,combined with the relevant provisions of the current related to environmental administrative public interest litigation and judicial practice,on China's environmental public interest litigation plaintiff qualification and puts forward some new ideas this paper includes the following contents:The orientation of environmental administrative public interest litigation.The part of the environmental administrative public interest litigation and environmental public interest litigation and discrimination of administrative public interest litigation,clear subordination of them,the environmental administrative litigation plaintiff main qualifications shall have the environmental public interest litigation and administrative public interest litigation in common,the following discussion are carried out on the basis of the first part,an overview of environmental administrative public interest litigation plaintiff qualification.Mainly through comparison with the traditional administrative litigation law on the qualification of the plaintiff,analyzing the particularity of environmental administrative public interest litigation in the qualification of the plaintiff,and then analyzes the establishment of the plaintiff qualification of environmental administrative public interest litigation.The necessity,and hope to find a reasonable basis in theory.The second part,the status of environmental administrative public interest litigation plaintiff qualification.This section lists our country currently involved in environmental administrative public interest litigation plaintiff qualification of some legislation and judicial practice of environmental administrative public interest litigation plaintiff qualification of the beneficial exploration then,from these provisions and practice cases to summarize several major problems.The third part,plaintiff qualification of foreign legislation and judicial practice.Through the analysis of the development of relevant legislation and judicial practice of the extraterritorial evolution and application of specific conditions,some from The inspiration and experience.The fourth part,improve China's environmental administrative public interest litigation plaintiff qualification.This part is the second part of the problems mentioned put forward their suggestions.Both legislative proposals are proposed according to different subject of judicial recommendations.