Claims in Environmental Civil Public Interest Litigation in China: Problems and Solutions

Abstract

At the present construction of ecological civilization, in order to pursue sustainable development, Chinese courts play a more and more important role on environmental civil public interest litigation. Through case studies, the article reveals the status quo of environmental civil public interest litigation: the year of 2013 is a watershed for the plaintiff’s claims. Before 2013, more claims were to require the defendant to cease the infringement, eliminate the danger, compensate for loss, and other forms of traditional tort liabilities. After 2013 more claims focus on ecological restoration and, meanwhile, the compensation requirements become more and more concrete. The article assumes there exist some problems on claims of environmental civil public interest litigation, i.e. unclear limitation of disposition of claims; undivided judicial and administrative power; low consideration of fulfillment, and over-reliance on the inquisitorial system. As an impartial body, courts should play their moderate role and instruct plaintiffs in the course of proceedings, which in turn will lead to the progress of rule of environmental law. So, based on the principle of “reasonable separation of functions of courts, administrative organs, and social organizations”, the article proposes clarifying the limitation of disposition of claims, distinguishing judicial and administrative power in this regard and relaxing the court’s reliance on an inquisitorial system. It will make the authority to face the role dimension of courts, administrative branches and social organization in adjudication, environmental enforcement and public participation respectively. Only by coordinating all these subjects, China can protect the environment well and achieve sustainable development.