The Dilemma and Countermeasures of Public Interest Litigation of Marine Environmental Pollution in China

Abstract

Cases of marine environmental pollution (MEP), such as condensate leakage in the Sanchi case, not only directly infringe on private personal health and property rights, but also cause serious damage to the marine ecological environment. This paper analyzes dozens of MEP cases and summarizes the typical rights, interests, and remedies under Chinese law. Traditional tort liability legislation remedies the problem of infringement of private interests by environmental torts through compensation and punitive damages but it cannot reverse the damage to the marine ecological environment. Traditional civil legislation is built on the basis of rights and interests regarding damages and relief. MEP infringes on a wide range of citizens’ environmental rights and should be addressed by the environmental public interest litigation (EPIL), which is an important way to protect citizens’ environmental rights. This paper analyzes the legal interests, relief measures, and limitations of the existing EPIL legislation that is applicable to MEP cases under Chinese law, so as to make corresponding legislative suggestions.