scholarly journals Research on Procuratorial Organs Bringing Environmental Public Interest Litigation

2019 ◽  
Vol 15 (4) ◽  
pp. 108
Author(s):  
Zheni Liang
Keyword(s):  
Environmental Protection ◽  
Public Interest ◽  
Theoretical Basis ◽  
Environmental Problems ◽  
Criminal Prosecution ◽  
Public Interest Litigation ◽  
Supervisory Authority ◽  
Legal Supervision ◽  
Evidence Collection ◽  
Dual Status

The procuratorial organ is a state supervisory authority and has the power of legal supervision. Giving the procuratorial organs the qualifications for public interest litigation not only has a theoretical basis but also a realistic basis, which helps to solve the problem of difficult evidence collection and high litigation costs in environmental public interest litigation. In the civil environmental public interest litigation, the procuratorate has the dual status of the plaintiff and the legal supervisor, and will not naturally conflict with each other. However, due to the special nature of environmental problems, the relevant administrative departments should be given priority to the environmental problems discovered by the procuratorial organs. Only when the environmental protection supervision departments are exercising their powers, should the procuratorial organs initiate environmental public interest litigation. For civil environmental public interest litigations that have been criminally sentenced or are in the process of criminal prosecution, the procuratorate can make full use of the evidence that has been obtained and identified.

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

Public Interest Litigation in Environmental Matters: A German Perspective

elni Review ◽  
2007 ◽  
pp. 13-19
Author(s):  
Dora Schaffrin ◽  
Michael Mehling
Keyword(s):  
Public Goods ◽  
Environmental Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Legal Framework ◽  
Public Interest Litigation ◽  
Important Means ◽  
Shed Light ◽  
Critical Aspects

Environmental protection has invariably become one of the central challenges facing modern societies and, by extension, their respective states. Constitutionally endowed with judicial powers, states also have a mandate to guarantee the rights and duties arising from legislation on the environment, including, if necessary, their enforcement. In the process, public interest litigation in environmental matters has acquired growing importance as one important means of achieving this objective. By describing the legal framework for public interest litigation, this article seeks to shed light on an important channel of environmental protection in Germany, whose role in countering environmental pollution and other forms of damage to public goods prior to serious and irreversible deterioration has been consistently on the rise. Against this background, the aim of the article is to provide an introduction to German experiences with public interest litigation in environmental matters, both with a view to its success to date and also to more critical aspects.

Part IX International Environmental Law in National/Regional Courts, Ch.62 China

2021 ◽  
Author(s):  
Lin Jolene S
Keyword(s):  
Environmental Protection ◽  
Public Interest ◽  
Environmental Law ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Human Environment ◽  
Public Interest Litigation ◽  
Republic Of China ◽  
Global Environmental ◽  
Environmental Diplomacy

This chapter investigates international environmental law (IEL) in the courts of China. It is noteworthy that the first international conference that the People's Republic of China (PRC) participated in after it was formally recognized by the United Nations (UN) in 1971, was the 1972 UN Conference on the Human Environment (Stockholm). It is widely recognized that this conference brought environmental protection onto the Chinese government's radar and led to the promulgation of the Environmental Protection Law in 1979. Since then, China has signed or ratified nearly all multilateral environmental agreements (MEAs) and is an active participant in global environmental diplomacy. However, Chinese courts do not play a significant role in interpreting or developing IEL. Even if environmental litigation were to flourish due to the steps taken to encourage environmental public interest litigation (EPIL), it is unlikely that IEL will feature prominently in the jurisprudence.

scholarly journals The Contribution of China’s Civil Law to Sustainable Development: Progress and Prospects

2019 ◽  
Vol 11 (1) ◽  
pp. 294 ◽  
Author(s):  
Tiantian Zhai ◽  
Yen-Chiang Chang
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Civil Law ◽  
Emission Trading ◽  
Environmental Problems ◽  
State Ownership ◽  
Ecological Civilization ◽  
Public Interest Litigation ◽  
Resources Conservation ◽  
The Right

Environmental protection is mainly the focus of environmental law in China, but as China has started to pursue ecological civilization, its civil law has begun to respond to environmental problems as well, which is called the “greening of civil law”. As a result, the newly passed General Provisions of Civil Law adopted a “Green Principle” requiring private actors to contribute to resources conservation and environmental protection in civil activities. Through normative and comparative analysis, this article explores the establishment of the “Green Principle”, the rationales for civil law’s response to environmental problems in China, the progress already made, and the further efforts that are needed. It argues that the major challenge for the greening of China’s civil law at present is the modification of the subsequent sections of the forthcoming civil code. Despite the progress that has already been made, further efforts are needed regarding the following aspects: environmental and resources protection should be taken into account in contract rules concerning the validity, performance, and interpretation of contracts, and rules on emission trading contracts should be added; the property section should stipulate the unified exercise of state ownership over natural resources; and the “personality rights” section should stipulate environmental rights so as to clarify the right that is violated in environmental public interest litigation.

scholarly journals Public Interest Environmental Litigation in China

2017 ◽  
Vol 1 (2) ◽  
pp. 202-228 ◽  
Author(s):  
Richard Zhang ◽  
Benoit Mayer
Keyword(s):  
Environmental Protection ◽  
Public Interest ◽  
Rapid Development ◽  
Court Decisions ◽  
Public Interest Litigation ◽  
Secondary Sources ◽  
Barriers To Access

Abstract Since January 2015, China’s Environmental Protection Law has allowed Chinese Non- Government Organisations to initiate public interest litigation in relation to activities that harm the environment. This article assesses the implementation of this reform. Based on a variety of primary and secondary sources, it documents almost every case filed in the first two-and-a-half years of the implementation of public interest environmental litigation in China. It demonstrates a rapid development of this new field of litigation which, so far, has almost systematically led to Court decisions favourable to the plaintiffs. Yet, we also recognize some limitations and room for improvement, in particular regarding barriers to access to courts and questions of enforcement of judgments. Therefore, while public interest environmental litigation is a promising opportunity for the protection of the environment in China, some possible refinements of the relevant statutory framework can be identified.

Progress and Obstacles in Environmental Public-Interest Litigation under China’s New Environmental Law: An Analysis of Cases Accepted and Heard in 2015

Climate Law ◽  
2017 ◽  
Vol 7 (2-3) ◽  
pp. 185-208 ◽  
Author(s):  
Gu Gong ◽  
Ran An
Keyword(s):  
Environmental Protection ◽  
Public Interest ◽  
Selection Criteria ◽  
Environmental Law ◽  
Institutional Factors ◽  
Completion Rates ◽  
Public Interest Litigation ◽  
Made In

Article 58 of China’s Environmental Protection Law 2014 (epl) makes up for the earlier inadequacy of China’s environmental public-interest litigation (envpil), but its actual efficacy needs to be tested in practice. An analysis of the 38 cases accepted and heard in 2015 shows that envpil has indeed experienced some development since the epl came into force. Significant progress has been made in terms of the number and scope of cases accepted, range of plaintiffs and defendants, completion rates, the trial mechanism, and jurisdiction. However, there are still many problems relating to the acceptance and hearing of cases, the role of environmental protection tribunals, the selection criteria for cases, the identification of plaintiffs’ qualifications, and the determination of legal liability. Institutional factors, rather than legal texts, determine the future of China’s envpil. Overall, however, the developments are positive. This is important for all areas of environmental law in China, including the country’s still nascent climate change law. 1

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