Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China

Environmental damage has become one of the most significant issues encountered by Chinese society today. The Public interest litigation system is a promising opportunity for the right access to justice in environmental litigation in China. The country has made some positive significant progress for...

Descripción completa

Guardado en:

Detalles Bibliográficos
Autores principales:	Nakundi Gorette Ndonde, Mingjie Bei
Formato:	article
Lenguaje:	EN
Publicado:	International Society of Philosophy and Cosmology (ISPC) 2021
Materias:	environmental litigation environmental social organizations: non-government organizations (ngos) environmental public interest litigation environmental matters china Political institutions and public administration (General) JF20-2112
Acceso en línea:	https://doaj.org/article/3cfb7e395e6945fd9712b69302bcea41
Etiquetas:	Agregar Etiqueta Sin Etiquetas, Sea el primero en etiquetar este registro!

id	oai:doaj.org-article:3cfb7e395e6945fd9712b69302bcea41
record_format	dspace
spelling	oai:doaj.org-article:3cfb7e395e6945fd9712b69302bcea412021-12-03T01:33:59ZEnvironmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China10.29202/up/9/52617-21942617-2208https://doaj.org/article/3cfb7e395e6945fd9712b69302bcea412021-12-01T00:00:00Zhttp://www.ukrpolitic.com/journals/2021/9/UP_vol_9_NdondeBei.pdfhttps://doaj.org/toc/2617-2194https://doaj.org/toc/2617-2208Environmental damage has become one of the most significant issues encountered by Chinese society today. The Public interest litigation system is a promising opportunity for the right access to justice in environmental litigation in China. The country has made some positive significant progress for the right access to justice in environmental matters through the current system; the system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Inherent to the basic principles of human rights, there are more challenges face by the system on the right to access to justice in China. The procuratorates have standing in both, civil and administrative, whereas environmental protection social organizations, who are permitted to undertake civil cases, are in practice marginalized. Individuals, on the other hand, do not have standing in the either civil or administrative environmental public interest. This article is done to analyze the present challenges that China faces to protect and improve the right of the plaintiff in environmental litigation; analyzing and improving laws, regulations and policies; also enforcing the right to access to justice, as laws and regulations play a key role in innovation processes. Some possible suggestions on how to better establish a legal aid system and rapid of the public interest litigation system, which, so far, has almost systematically led to court decisions favorable to the indirect participation of individuals as the plaintiff. Therefore, it is important to see how the public participation mechanism impacts in practice their behaviors. Compared to individuals’ indirect participation, environmental and social organizations’ participation helps balance state power and social rights. Creating a legal framework in which innovations can develop and unfold.Nakundi Gorette NdondeMingjie BeiInternational Society of Philosophy and Cosmology (ISPC) articleenvironmental litigationenvironmental social organizations: non-government organizations (ngos)environmental public interest litigationenvironmental matterschinaPolitical institutions and public administration (General)JF20-2112ENUkrainian Policymaker, Vol 9, Pp 51-68 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	environmental litigation environmental social organizations: non-government organizations (ngos) environmental public interest litigation environmental matters china Political institutions and public administration (General) JF20-2112
spellingShingle	environmental litigation environmental social organizations: non-government organizations (ngos) environmental public interest litigation environmental matters china Political institutions and public administration (General) JF20-2112 Nakundi Gorette Ndonde Mingjie Bei Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
description	Environmental damage has become one of the most significant issues encountered by Chinese society today. The Public interest litigation system is a promising opportunity for the right access to justice in environmental litigation in China. The country has made some positive significant progress for the right access to justice in environmental matters through the current system; the system consists of civil environmental public interest litigation and administrative environmental public interest litigation. Inherent to the basic principles of human rights, there are more challenges face by the system on the right to access to justice in China. The procuratorates have standing in both, civil and administrative, whereas environmental protection social organizations, who are permitted to undertake civil cases, are in practice marginalized. Individuals, on the other hand, do not have standing in the either civil or administrative environmental public interest. This article is done to analyze the present challenges that China faces to protect and improve the right of the plaintiff in environmental litigation; analyzing and improving laws, regulations and policies; also enforcing the right to access to justice, as laws and regulations play a key role in innovation processes. Some possible suggestions on how to better establish a legal aid system and rapid of the public interest litigation system, which, so far, has almost systematically led to court decisions favorable to the indirect participation of individuals as the plaintiff. Therefore, it is important to see how the public participation mechanism impacts in practice their behaviors. Compared to individuals’ indirect participation, environmental and social organizations’ participation helps balance state power and social rights. Creating a legal framework in which innovations can develop and unfold.
format	article
author	Nakundi Gorette Ndonde Mingjie Bei
author_facet	Nakundi Gorette Ndonde Mingjie Bei
author_sort	Nakundi Gorette Ndonde
title	Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
title_short	Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
title_full	Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
title_fullStr	Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
title_full_unstemmed	Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China
title_sort	environmental public interest litigation: a legal perspective to environmental litigation in china
publisher	International Society of Philosophy and Cosmology (ISPC)
publishDate	2021
url	https://doaj.org/article/3cfb7e395e6945fd9712b69302bcea41
work_keys_str_mv	AT nakundigorettendonde environmentalpublicinterestlitigationalegalperspectivetoenvironmentallitigationinchina AT mingjiebei environmentalpublicinterestlitigationalegalperspectivetoenvironmentallitigationinchina
_version_	1718373983119736832

Environmental Public Interest Litigation: a Legal Perspective to Environmental Litigation in China

Ejemplares similares