Study On The Subject Qualification Of Environmental Administrative Public Interest Litigation

With the continuous development of society and the increasingly serious ecological environment problems,the traditional environmental law has not played a comprehensive role in environmental protection.The newly revised "Environmental Protection Law" gives administrative organs more administrative responsibilities and powers on ecological environment protection.However,in judicial practice,only relying on the procuratorial organs to initiate environmental administrative public interest litigation,the main body is unavoidable single,and the procuratorial organs also have many problems in practice.The qualification of the subject of prosecution is one of the main problems concerned by modern scholars.So,should we expand the scope of plaintiff qualification?Which subjects should be included in the scope of the subject of prosecution?The author will be divided into three parts to discuss these issues in detail.In this paper,the first part of the author from the theoretical point of view,the establishment of environmental administrative public interest litigation system,the theoretical basis of plaintiff qualifications,the United States,Japan,Taiwan as an example of the extraterritorial investigation and analysis;The second part,from the practical point of view,analyses the current situation of legislation and practice of plaintiff qualification in this kind of lawsuit.Combining with the environmental administrative public interest lawsuit cases in the surrounding areas of Jilin Province,it analyses the problems existing in the practice of environmental administrative public interest lawsuit by procuratorial organs,mainly including the narrow channels of obtaining case clues,the heavy burden of proof distribution,and the limited ability of procuratorial organs to handle cases;The third part is from the citizen,the environmental protection organization and the procuratorial organ three main body embarks,proposes the solution to our country environment administrative public interest litigation subject qualification question.The author puts forward his own ideas with limited legal knowledge,expecting to provide some help for the improvement of the subject qualification of environmental administrative public interest litigation in China,so as to better safeguard the ecological environment and public interests.