Abstract
Among others, empowering the citizen in the environmental law enforcement was mentioned the reason for the 1989 environmental law reform in China for the 2015 environmental protection law adoption. The success of reform, however, has not been yet assessed and there is strong reason for scrutiny towel appreciate the nuts and hats of citizen participation in the environmental law enforcement. This article analysis the hodgepodge and echelon of citizen’s participation in the 2015 environmental protection law of China with regard to enforcement by clarifying the definitions of law enforcement and citizen participation in light of recent international legal development and understanding. It explores the forms and types of citizen participation recognized by the law in an effort to identify the magnificent reforms of the new law and elucidate on the pitfalls. The existing literatures relating to citizen participation in environmental law enforcement are reviewed and doctrinal scrutiny was made on the environmental protection law. The finding confirms that citizen participation has got wide and onerous recognition, albeit their empowerment to take court action in the public interest has some stringent requirement and limitation. Citizen participation is crucial in environmental protection and is an evolving principle in environmental law enforcement. And hence additional effort to include citizens‟ right of court action in the environmental enforcement may, fortunately, upgrade the law to the highest scale and may attract a huge enforcement contribution from the public wing. Keywords: Public interest, citizen participation, Environmental Law Enforcement, and citizen’s rights, hodgepodge and echelon DOI : 10.7176/JLPG/82-01
Highlights
The environmental situation in China has been one of the most alarming[1] that justifies citizen participation or involvement a necessity than complementary or just supplementary proper[2]
Among others, empowering the citizen in the environmental law enforcement was mentioned the reason for the 1989 environmental law reform in China for the 2015 environmental protection law adoption
The existing literatures relating to citizen participation in environmental law enforcement are reviewed and doctrinal scrutiny was made on the environmental protection law
Summary
The environmental situation in China has been one of the most alarming[1] that justifies citizen participation or involvement a necessity than complementary or just supplementary proper[2]. Citizen participation has been mentioned as one of the rationales for the amendment of 1989 environmental law[5] From this one shall notice that engaging the general public is one of the fundamental principles of environmental protection law in China. 4. The Range of Citizens Involvement in the 2015 Environmental Protection Law of China Public participation avenues in environmental enforcement are many and varied as described above[11]. Some states provide citizens the right to challenge a wide range of public and private activities that injure public interest while others provide much more limited right to protect some specific ecologically valuable areas etc These mechanisms contribute to effectuate compliance with environmental control. For the sake of clarity and simplicity citizen involvement can be categorized and discussed under two taxonomies in Chinese environmental protection law: citizen involvement in the administration and citizen
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