We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 16 June 2021
Chapter 10 studies judicial review, widely known as administrative litigation in China, under the Administrative Litigation Law (ALL) (2017), which was first enacted in 1989. The command-and-control approach to pollution control grants wide-ranging powers to administrative agencies. They set standards, monitor performance and impose sanctions. Their acts or omissions directly determine the effectiveness of the environmental legal regime. Judicial review allows courts to check agency behavior to ensure good governance in pollution control and long-term sustainable development. While ALL (1989) has laid down the legal basis for injured parties to sue against unlawful agency acts or omissions, there have been tremendous obstacles for private parties to gain access to courts. The Law was amended in 2014 and 2017 to relax the statutory requirement on standing and expand the scope of judicial review. The chapter examines the issue of standing, the scope of judicial review, and judicial remedies. It concludes with discussion of the special challenges of administrative litigation in China.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
