Study On The Plaintiff Subject Qualification In Environmental Administrative Public Interest Litigation

The revised "Administrative procedure Law" in June 2017 established the plaintiff’s standing of the procuratorial organ to initiate environmental administrative public interest litigation,and the environmental administrative public interest litigation system was formally confirmed in the law,but slightly crude and abstract.for example,the plaintiff is limited to the procuratorial organ,while other subject is not given the plaintiff’s standing;based on the special status of the procuratorial organ,it is called "public interest litigation prosecutor ";the source of the case is also limited to " in the performance of duties ";all kinds of restrictions will bring shackles to the development of the system.In recent years,environmental problems have become increasingly prominent,citizens have a strong yearning for a clean and beautiful living environment,with the deepening of the construction of the rule of law and with the continuous strengthening of citizens’ awareness of environmental protection,the "battle of environmental protection" has begun.The creation of environmental administrative public interest litigation system is a phased victory,and it is also a brave attempt to protect environmental public interests through the regulation of administrative management in our country.At present,there are many restrictions on the scope of environmental administrative public interest litigation in the scope of plaintiffs,and the procuratorate itself also has some limitations,which will make the litigation system inefficient and economical in solving environmental problems.In view of this,this paper takes the plaintiff’s standing of environmental administrative public interest litigation as the research object,from the standard and the practice two angle carries on the analysis,thinks that the procuratorial organ has the insufficiency in its own lawsuit localization and the environmental supervision,and needs to carry on the consummation;moreover,the plaintiff scope is too narrow to make the case source single,many environmental hidden dangers have no time to be discovered and managed,therefore we should expand the plaintiff scope.This paper is mainly composed of four parts: the first part is the basic theory of the plaintiff’s standing in environmental admininistrative public interest litigation.This paper expounds the importance of environmental administrative public interest litigation to environmental public interest protection,and carries out environmental a-dministrative public interest litigation plaintiff through the theory of administrative litigation right;the second part is the system analysis,through the legal provisions of the system,the procuratorial organs because of their own advantages so as to obtain the plaintiff qualification analysis,and pointed out the shortcomings;the third part is the analysis of judicial practice,pointing out that although the system has made great achievements since its establishment,there are still some problems,so it is necessary to improve the qualification of plaintiff and expand the scope of plaintiff in procuratorial organs;the fourth part is the improvement Suggestions,mainly includs the improvement of the procuratorial organ plaintiff’s function,the expansion of the scope of the plaintiff and the succession design suggestions among the plaintiffs,for Multi subject structure,with the hope of cooperation among the plaintiffs.