Comparison Of Expansion Of Plaintiff's Qualification In Administrative Litigation In China And Germany

Economic growth is accompanied by the change of science and technology,and the development of science and technology at the same time also with the expenditure of energy,the pollution of environment,and destruction of natural resources.Today with the increasingly serious environment problem,people do not only pay attention to the enterprise,but also focus on the government.It is hoped that the decision of the government and their administrative actions can promote the development of environmental protection.Now with stronger legal consciousness,many citizens or organizations want to be able to solve the environmental problems of modern society through judicial assistance.It is expected that the judicial supervision can enable the government to guarantee the implementation of the law related to the environmental protection.However,the Administrative Procedure Law of our country chooses the protection mode of individual rights.Only the one,whose rights are violated,can institute legal proceedings.Since environmental rights are not recognized as citizens' legal rights in China,most of the litigation for environmental protection has ended in failure.However,after the Civil Procedure Law of the People's Republic of China was amended and the environmental civil litigation for public interest has obtained the legislative recognition,people's appeal to the environmental administrative litigation for public interest becomes also more and more intense.Germany and China both belong to the continental law system and Germany also chooses the protection mode of individual rights for the administrative litigation.Therefore,regarding the environmental protection,Germany is facing the same problem with our country.In particular,as a member of the European Union,Germany is facing greater pressure under the requirements of the EU law.Due to the similar protecting mode of the two countries,I will compare the plaintiff qualification in the administrative litigation between China and Germany.And due to the fact that the environmental administrative litigation for public interest has taken place earlier in Germany,while in China it is still in the pilot phase,I will put my focus more on the German law with a more detailed description in my paper and try to obtain some inspiration from the German law through the comparison to make Chinese provisions on the environmental administrative litigation for public interest more perfect.This article was originally written in German during my stay in Germany.Therefore most of its references can be traced back to German materials.The original paper is passed at the University of Goettingen.The present paper is restructured and modified based on the German paper.The introduction part deals about the background of the change of plaintiff's qualification in environmental issues,and the main part is divided into four parts.The first part focus on the concept of plaintiff qualification.The second part mainly introduces the plaintiff's qualification in the German administrative procedure,including the general provisions of the present law and related theories,the development of the plaintiff qualification in environmental affairs,the influence of the EU law on the qualification of the plaintiff and the acceptance of EU judgments in Germany.The third part deals with the introduction of the plaintiff qualification in China.Similar to the second part,this part introduces firstly the present law,then the expansion of the plaintiff qualification,namely the pilot work,as well as the evaluation of the pilot work.The fourth part is the comparison of the similarity and difference of the plaintiff's qualification and the expansion in the two countries as well as the revelation from the German law.Finally,it summarizes the full text and prospects the trend of the development of the plaintiff qualification.