Establishing an Environmental Public Interest Litigation System and Promoting the Building of an Ecological Civilization

2010 ◽  
Vol 43 (6) ◽  
pp. 30-40 ◽  
Author(s):  
Wan E'Xiang
Keyword(s):  
Public Interest ◽  
Ecological Civilization ◽  
Public Interest Litigation

scholarly journals China's new approach to environmental governance and environmental public interest litigation

2020 ◽  
Vol 23 (1) ◽  
pp. 39-73
Author(s):  
Han Jiang ◽  
Patricia Blazey ◽  
Yan Wang ◽  
Hope Ashiabor
Keyword(s):  
Public Interest ◽  
Environmental Governance ◽  
State Policies ◽  
Governance System ◽  
Ecological Civilization ◽  
Public Interest Litigation ◽  
New Approach ◽  
Government Organizations ◽  
Comprehensive Reform ◽  
Legislative Changes

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.

The Zhenhua Case: the emergence of civil environmental public interest litigation in China

2021 ◽  
Vol 14 (2) ◽  
pp. 116-128
Author(s):  
Wenjun Yan
Keyword(s):  
Air Pollution ◽  
Environmental Protection ◽  
Public Interest ◽  
Pollution Control ◽  
Environmental Damage ◽  
Air Pollution Control ◽  
Public Interest Litigation ◽  
First Time ◽  
Restoration Cost

Abstract In 2015, the All-China Environment Federation v Dezhou Jinghua Group Zhenhua Corporation Limited case was the first civil environmental public interest litigation (CEPIL) against air pollution in China. Constituting a milestone in the field of air pollution control in China, this case (i) confirms the eligibility of a non-governmental organisation (NGO) to file civil public interest litigations; (ii) discusses remedies for the ecological destruction caused by air pollution; (iii) assesses the ecological and environmental damage using the ‘virtual restoration cost’ method; and (iv) uses public apology as an innovative way for Zhenhua to assume liability. By applying and interpreting several important rules under the Environmental Protection Law of China (EPLC) for the first time, this case sets an example for future CEPILs against air pollution in China.

Sign in / Sign up

Export Citation Format

Share Document