An empirical study of marine environmental civil public-interest litigation in China: Based on 216 cases from 2015 through 2022

Abstract

This article examines marine environmental civil public-interest litigation landscape in China based on a comprehensive empirical study of 216 cases adjudicated from 2015 through 2022. Marine environmental civil public-interest litigation is under robust development in China with the number of cases increasing and high-profile cases emerging. Many cases were built upon related criminal and administrative proceedings and the procuratorate, as a qualified plaintiff, has led in initiating litigation. The liability system is maturing with flexible remedies and a high plaintiff win rate. First-instance judgments were rendered effectively and alternative dispute resolution was used. Besides the notable progress deserving attention, there are still several obstacles yet to be overcome, such as the divergence in the categorization of cases, the application of law and the attitude towards the standing of environmental NGOs. Besides, the number of cases initiated by marine environmental supervision and management departments is relatively small and jurisdictional matters also need to be further clarified. A feasible approach to overcome these obstacles is to come up with a set of systematic and coordinated rules in this field either by releasing specialized judicial interpretations on marine environmental public-interest litigation or by revising the existing Marine Environmental Protection Law when appropriate. By this means, it could potentially optimize the system of marine environmental civil public-interest litigation and enhance its efficacy in protecting the marine environment and resources.