Study On Main Issues Of Case-filing In The Environmental Administrative Omission Litigation

Environmental litigation system is developing very fast, but without an independent andunified litigation system, the development of the environmental litigation is not an easy task.This article selects the angel of environmental administrative omission to analyze two basicissues in the case-filing of the environmental administrative omission ligation, in order tosolve the problems of difficulties in case-filing and winning in reality.The study of case-filing in the environmental administrative omission litigation isfounded on the scope of the environmental administrative omission litigation. This articlemake a preliminary elaboration on the concept of environmental administrative omissionfirstly, then analyze the environmental administrative omission litigation issue from fouraspects: concept, substantive rights foundation, characteristics and significances, after this,the article makes a brief overview of main issues in the case-filing of the environmentaladministrative omission ligation, which lays the root for the following studies of the scope ofaccepting cases and the plaintiff qualification issues.Although case-filing in the environmental administrative omission litigation involvesmany issues, the keys of this article are the scope of accepting cases and the plaintiffqualification issues. This paper adopts comparative research method in the research of thesetwo problems: this article state the corresponding areas of legal provisions in China andelaborate its defects, then compared with the theory and practice in the United States andJapan, so as to achieve the effect of complement in the scope of accepting cases and theplaintiff qualification issues in case-filing of the environmental administrative omissionlitigation. In the scope of accepting cases, the legislative model of our country is relativelybackward, the range of rights under protection is relatively narrow, and some legal provisionsare illogical. Comparing with Chinese specific legal provisions, the USA established thepresumption of reviewability principle through lots of cases, Japan made a general provisionthrough the stereotyping of legal cases. The USA and Japan all don’t limit the which type ofcases are able to suited, there judicial review laws are founded on the principle ofpresumption of reviewability. Therefore, rights range in protection and legislative model ofour country in case-filing of the environmental administrative omission litigation should bediscussed further. In the aspect of the plaintiff qualification issue,"legal interests" theory inour country emphasizes the limitation of the plaintiff qualification and the judicial reviewstandard of plaintiff qualification is not abundant enough, which severely constraint human rights of sue. Comparing with China, the USA takes “the injure-in-fact” standard, Japan takesthe "legal interests worthy" theory in its subjective litigation field, even more people is ableto sue in its objective litigation field. With so many defects, the reformation of "legalinterests" theory in our country is quite necessary.Through the analysis of main issues of case-filing in the environmental administrativeomission litigation, this article maintains that our country could expand the scope ofaccepting cases through establishing the presumption of reviewability principle, clearing therange of "rights" under protection, taking in the environment abstract administrative omissionand so on. The range of qualified plaintiff in the environmental administrative omissionlitigation should also be expanded through allowing legal organs and organizations to sue,consummating the citizen suit system, so that the problem of difficulty of case-filing in theenvironmental administrative omission litigation could be resolved.