中日环境行政诉讼原告资格对比

Comparison of Plaintiff Qualifications in Environmental Administrative Litigation between China and Japan

摘要: 在行政诉讼领域中，原告资格的相关理论一直众说纷纭，在环境行政诉讼这一特殊的行政诉讼中更是如此，这一概念在我国出现时间尚且不久，其理论却在几十年内历经了四次变动，更说明我国对该方面理论的迫切需要。放眼全球，许多国家都对环境诉讼的原告资格做出了各具特色的制度规定，回顾相关文献与论著，自行政诉讼制度设立以来，日本一部分学者也开始了解我国环境行政诉讼制度的现状，并取得了一定成果，由此可以看出我国的环境行政诉讼制度备受国际法学界重视，成为许多国外学者研究的重点。但是这些学者大多只从单个国家出发，如单独研究日本的环境行政诉讼制度，或单独研究我国环境行政诉讼制度，很少将二者进行对比分析研究。本文将从中日环境行政诉讼制度的对比展开论述，分析中日环境行政诉讼中的异同点及其产生原因，为我国环境行政诉讼制度的再发展提供域外制度的参考。

Abstract: In China’s administrative litigation, the theory of plaintiff qualification has always been controversial, especially in environmental administrative litigation, a special administrative litigation. This concept has not appeared for a long time in China, but the theory in this field has undergone four changes in just a few decades, which further demonstrates China’s demand for this theory. Looking at the world, many countries have made unique institutional regulations on the plaintiff qualification of environmental litigation, and there are also different reflections on the plaintiff qualification of environmental administrative litigation. Looking back at the literature and works related to the environmental administrative litigation system, since the establishment of the administrative litigation system, some scholars in Japan have also begun to explore and understand the current situation of China’s environmental administrative litigation system, and have achieved certain results, it can be seen that China’s environmental administrative litigation system is receiving high attention from the international legal community, becoming the focus of many scholars’ research. However, most of these scholars only study from a single country, such as studying Japan’s environmental administrative litigation system alone, or studying China’s environmental administrative litigation system alone, and rarely conducting comparative analysis and research between the two countries. This article will discuss and analyze the comparison of environmental administrative litigation systems between China and Japan, systematically comparing the similarities, differences, and reasons for the differences in environmental administrative litigation between China and Japan, providing reference for the further development of China’s environmental administrative litigation system in foreign countries.