英文摘要 |
In the legal context of China, Standing is a prerequisite for litigation. This stems from the empowerment by state legislation. Until 2012, no one was allowed to sue for public interest. However, as a matter of fact, the field of environmental litigation is taking the lead in breaking the strict standing standards in recent years. A variety of new plaintiffs have been evolving with citizens, social organizations, administrative agencies and procurators representing the public interest at all levels of the case. There is a very interesting phenomenon during this process in modern legal history-judicial activism. And this paper focuses on the impact of administration, justice, and legislation on the evolution. Through the empirical research on official documents, landmark cases, laws and regulations, it combines with China's unique political culture, ecology and legal practice during the transition period, highlights the judicial activism in the process, and analyzes the possible impact of bureaucracy on judicial activism. This paper also attempts to explain the space, desires and trends for judicial activism from the perspective of China's history and tradition. In the end, it comes to the conclusion that 'the rule of law' is an inevitable road in contemporary China. |