Ukrainian Policymaker (Dec 2021)
Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
Abstract
Environmental damage has become one of the most significant issues encountered by Chinese society today. The Public interest litigation system is a promising opportunity for the right access to justice in environmental litigation in China. The country has made some positive significant progress for the right access to justice in environmental matters through the current system; the system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Inherent to the basic principles of human rights, there are more challenges face by the system on the right to access to justice in China. The procuratorates have standing in both, civil and administrative, whereas environmental protection social organizations, who are permitted to undertake civil cases, are in practice marginalized. Individuals, on the other hand, do not have standing in the either civil or administrative environmental public interest. This article is done to analyze the present challenges that China faces to protect and improve the right of the plaintiff in environmental litigation; analyzing and improving laws, regulations and policies; also enforcing the right to access to justice, as laws and regulations play a key role in innovation processes. Some possible suggestions on how to better establish a legal aid system and rapid of the public interest litigation system, which, so far, has almost systematically led to court decisions favorable to the indirect participation of individuals as the plaintiff. Therefore, it is important to see how the public participation mechanism impacts in practice their behaviors. Compared to individuals’ indirect participation, environmental and social organizations’ participation helps balance state power and social rights. Creating a legal framework in which innovations can develop and unfold.
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