4.2 Article

Environmental Public Interest Litigation in China: Findings from 570 Court Cases Brought by NGOs, Public Prosecutors and Local Government

Journal

JOURNAL OF ENVIRONMENTAL LAW
Volume 34, Issue 1, Pages 53-81

Publisher

OXFORD UNIV PRESS
DOI: 10.1093/jel/eqab029

Keywords

Chinese law; public interest litigation; environmental litigation; environmental NGO; public prosecutor; local government

Funding

  1. Shandong University [61060082035302]

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Environmental public interest litigation (EPIL) in China has seen success, with local government, public prosecutors, and environmental NGOs each having different approaches and focuses. Prosecutors have been the most efficient in winning the most cases, while NGOs have moved into competition with the government in high-value cases. This study provides valuable insights for future policy adjustments and legislation.
Environmental public interest litigation (EPIL) is an important development in the evolving framework of environmental governance in China. Through quantitative and qualitative analyses of decided cases brought by local government, public prosecutors and environmental non-governmental organisations (NGOs), this study critically examines the features, strengths, difficulties and obstacles in the EPIL practice of China. While there is remarkable success overall for all three groups in terms of outcome, they each display different approaches and focuses. The prosecutors have established themselves as the cornerstone of the system by being the most efficient in winning the greatest number of cases. NGOs moved away from collaboration with the prosecutors in low-value cases, effectively into a competition with the government in a smaller number of high-value cases, though they are willing to venture into areas where others hesitate over. The findings offer valuable insights into current EPIL practice and inform future policy adjustment and legislation.

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