중국의 환경행정공익소송 원고자격에 관한 연구

Research on the plaintiff qualification of Chinese environmental administrative public interest litigation

The environmental issues have already been extremely focused social matters, which are not only closely related to our daily life, but to sustainable development of our society. In terms of damages caused by the environmental pollutions, we already have private laws to protect private rights. However, there has been a loophole in the domain of public laws in regard with protection for public interests. Due to public welfare features of the environmental issues, the environmental and ecological damages cannot be remedied by civil procedural law. The damage caused by governmental administrative actions challenges current administrative legal systems. Some countries protect public interests through environmental administrative public interest lawsuits against the governments who performed illegal actions. Nevertheless, our country lacks relevant legal concepts and systems, the eligibility of plaintiff for example. Subsequently, the governmental actions that caused environmental matters cannot be effectively restricted and controlled. The dissertation introduces the meaning of environmental administrative public interest lawsuit; talks about theoretical basis of eligibility of the plaintiff in the beginning. And then summarizes research status and defects of the system in China s environmental administrative public interest lawsuits from the perspective of comparative laws; talks about the necessity of related systems of plaintiff eligibility. And on the basis of previously stated theories, the last part designs and establishes a system related to plaintiff eligibility by studying foreign experience.