Research On The Standing Of Environmental Administrative Litigation

In recent years, more and more Chinese become familiar with the litigation for environmental public interest, however, the fact that it is hard to launch this litigation and there are few litigations of this kind shows the vacancy of the system of the litigation for environmental public interest in reality. And this kind of vacancy is more apparent in the administrative litigation of environment. The major reason for this phenomenon is that the standing has been rigidly set in the present Administrative Litigation Law. The relevant positive law in the present legislation can not adapt to determining the standing whether from the plaintiff type, interest object or casual connection. The administrative litigation of environment in the USA and Japan was formulated under the circumstances of post-war economic development and shared some similar traits. Concerning the rule to determine the standing in the administrative litigation of environment, the present thesis focuses upon the "injury in fact" standard set in the American administrative litigation of environment and "relevant casual connection" set in Japanese administrative litigation of environment. Based on the above-mentioned legislation, case law, relevant theory and legislation model, the present thesis proposes the idea of expanding the standing in the administrative litigation of environment from the following aspects, namely, the determination of plaintiff type and scope, the discussion of nonfeasance in environment administration, the differentiation of public environment interest, the innovation of relevant casual connection.