Abstract
This article examines the comprehensive reform of the Chinese environmental governance system since the early 2010s after the goal of constructing ecological civilization was integrated into China's state policies. Legislative changes have been undertaken in order to improve the environmental governance system and juridical environmental protection has been reinforced to tackle environmental challenges through a revised public interest litigation system. China's current environmental public interest litigation system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Only procuratorates have standing in administrative environmental public interest litigation whereas environmental non-government organizations who are permitted to undertake civil cases are in practice marginalized. Individuals, on the other hand, do not have standing in either civil or administrative environmental public interest litigation cases. The ecological and environmental damages litigation system has been established in order to recognize government agencies that have standing in protecting environmental public interest.
Highlights
Environmental deterioration and pollution has become one of the most significant issues encountered by Chinese society today
Prior to 2014 specialized environmental adjudication organs have not been able to guarantee effective environmental judicial protection as the courts have historically displayed a passive and inactive role in environmental public interest litigation (EPIL). This is because environmental disputes usually have a vast number of victims and could be turned into the so-called mass incidents that would jeopardize social stability, as the polluters often are the local major taxpayers.[145]. Both the local economy and social stability are the key concerns of the local authorities and Communist Party of China (CPC) Committees, which control the fiscal appropriation of the courts and have a strong influence over local court decisions in key matters
This article has sought to demonstrate that China’s state policies are linked to its environmental degradation issues and argues that public interest litigation is an invaluable tool for correcting these issues
Summary
Environmental deterioration and pollution has become one of the most significant issues encountered by Chinese society today. The World Bank in its Report 2030 on China (2012) warned the government that unless it moved to a green economy, the resulting environmental degradation and resource depletion would approach 10 percent of its GDP.[12] The Bank stated that quite apart from stimulating growth, green development would significantly improve the quality of China’s economic growth so that less production and the use of fossil fuels would greatly reduce health issues from air and water pollution, water scarcity and land subsidence.[13] The Report was critical of China’s approach to the management of its environment arguing that China must bolster its responses to environmental degradation by undertaking collective action in combination with non-governmental organizations, industry and individuals as well as fostering public awareness through mass education campaigns.[14]. Recognizing the seriousness and urgency of environmental problems, environmental governance has become a key focus of government policy resulting in the promulgation and amendment of many laws, regulations and policies designed to improve the existing legal system
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