Standing Of Natural Objects

Nowadays, with the non-anthropocentrism of environmental ethic thought permeate the law,the problem of natural objects's standing gradually become a hot issue which the law concern. It's a challenge of traditional law and it maybe become a opportunity of legal theory's development. So research and study on the subject is very meaningful.Environment ethic thought is developing, the development of traditional environmental ethic and the boom of ecocentrism provide the ethics basis for the standing of natural objects. So concerning environmental ethic from law is very important. Natural objects don't have the qualification of litigant, the loss of natural objects can't not be considered when the judge made the judgment,and natural objects can't draw compensation. So it will be necessary that the subject of environmental law expands to natural objects, otherwise natural objects can't be protected by the law. It will be probably that the subject of environmental law expands to natural objects: Subject range of right continued to expand, and it provided historical evidence for the existence of natural objects'standing.Traditional environmental law insist on the viewpoint that environmental legal relation is a"human-human"relationship, the relationship between man and nature can not be the adjusted objects of environmental law. In the law theory and legal department, we should proceed law orientation of the relationship between man and nature again, and bring the relationship between man and nature in the adjusting range of environmental and resources law. The current environmental and resources law is a new and independent legal department. It adjusts the relationship between person and person and man and nature. Environment law and rule have already contain high amounts of clauses which provide or embody the relationship between man and nature at home and abroad at present. America has already established that endangered species and environmental movements can be co-plaintiff, and the practice of environmental and resources legislation construction has already acquired a great achievement of adjusting relationship between human and nature.To achieve natural objects's standing, we should set up the environmental public interest litigation system and improve human being's conscious of environmental ethics. Because natural objects's lawsuit should guarantee a sort of balance between giving standing to natural objects and preventing malicious lawsuit, we should limit natural objects's lawsuit procedurally and substantially. Substantial qualifications is: the law which protect special value or interest of natural objects or ecological environment exist, and the value or interest are being destroyed. Draw lessons from foreign countries, natural objects's lawsuit can be exercised by natural objects's close friend.To guarantee the reliability of natural objects's agent, the law should specify qualifications of natural objects's close friend. Procedural conditions is: the notification obligation before the lawsuit, the restriction of claim and the restriction of the object. We can adopt the model of agent to realize the standing of natural objects, give legal rights to natural person and environmental groups, and allow them to exercise atural objects's rights. At the same time we should construct some assistant system to effectively realize the system's construction of natural objects's standing. For example setting up stiftung of public law and encouraging companys to do public investment.