Study On The Qualification Of The Litigation Subject Of Environmental Administrative Public Interest Litigation

Different from the standard of interest of plaintiff qualification under the subjective litigation framework of traditional administrative litigation in China,the qualification of litigation subject of environmental administrative public interest litigation has special characteristics,and it has completely different theoretical basis and system structure on the content of the eligible subject of the litigation.The theoretical basis of the subject of the lawsuit subject of environmental administrative public interest litigation is derived from the theory of environmental rights and the theory of objective litigation.Its purpose is to protect the environmental public interests and maintain the objective legal order.The basis of the litigation right of the environmental administrative public interest litigation subject comes from the drafting of the law rather than the direct interest relationship.It differs from the subjective litigation structure of the traditional administrative litigation in the litigation structure.Under the current legal framework,environmental administrative public interest litigation,as a judicial system,has been affected by organizational incentives and policy focus during the establishment process.It has temporary and policy characteristics,and its pre-determination effect may also affect the judicial system.just.The uncertainty of the status of the "public interest litigator",the narrow qualifications of the prosecution subject,and the resulting inadequate supply of norms have affected the further improvement of the environmental administrative public interest litigation system and the role of the system.Procuratorial organs are the legal supervision organs stipulated by the Constitution,and they are also representatives of public welfare in reality.The dual status of the procuratorial organ determines that it should perform its duties of protecting environmental public interest and maintaining objective legal order,and it is necessary to become the subject of environmental administrative public interest litigation.The practical advantages of prosecutions brought by procuratorial organs also provide feasibility for them to become the prosecution subject of environmental administrative public interest litigation.However,the system structure of the prosecutorial agency’s monopoly of environmental administrative public interest litigation subject qualifications can neither change the negative impact of organizational incentives and policy focus,but also has the disadvantages of imbalance between prosecutorial power and administrative power.The solution of these disadvantages depends on the diversification and expansion of the qualifications of the prosecution subject,the determination of the litigation status of different prosecution subjects,and the further improvement of the relevant system.The legislative improvement path is to include citizens and social environmental protection organizations into the scope of the environmental administrative public interest litigation subject.The prosecution subject is divided into administrative public prosecutor and plaintiff,forming a trinified prosecution subject model.The lawsuit status of the administrative public prosecutor of the procuratorial organ is determined through legislation,and based on this,the burden of proof of the procuratorial organ is reasonably allocated,and the method of initiating the second instance procedure is protest.Citizens and social environmental protection organizations should be identified as the plaintiffs of environmental administrative public interest litigation,and reasonable prosecution qualifications and pre-procedure procedures should be set up,so as to broaden the qualifications of the prosecution subject and prevent the occurrence of excessive litigation.