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Chinese Procuratorial Organizations Filed Environmental Public Interest Litigation Procedures

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (27), pp.53-79
  • DOI : 10.31839/ibt.2019.10.27.53
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 19, 2019
  • Accepted : October 10, 2019
  • Published : October 31, 2019

leejihaeng 1,  SUNGAOANG 1,  CHEN, JIA-JUN 2

1중국광동해양대학교
2중국광동해양대학교(Guangdong Ocean University, Zhanjiang)

Accredited

ABSTRACT

Since the reform and opening up, China's economy has developed at a high speed, and people's living standards have been greatly improved. Simultaneously, we have also encountered an unprecedented crisis - environmental pollution and ecological damage. Environmental infringement cases are increasing, but subject to the limitations of traditional litigation directly affecting the plaintiff's qualifications. Many cases cannot enter the proceedings because the plaintiff does not qualify for prosecution, and the environmental public interest cannot be effectively protected. Therefore, it is necessary to break through in environmental public interest litigation. The limitations of the principle of direct interest have granted more qualifications to the main body of public interest litigation. In foreign countries, procuratorial organs can protect environmental public interests by filing environmental public interest litigation. Chinese procuratorial organs have also intervened in environmental public interest litigation and have achieved good social effects. Although they have been questioned because of lacking of clear legal basis for prosecution, these judicial practices can provide a good material for our research on environmental public interest litigation to improve China's environmental public interest litigation system. This paper mainly analyzes the relevant theories of environmental public interest litigation initiated by Chinese procuratorial organs, draws on the advanced experience of environmental public interest litigation by foreign procuratorial organs, and combines China's specific national conditions, and proposes to improve the Chinese public prosecution authorities' environmental public interest litigation system. It is suggested that the procuratorial organs should be given the qualifications for prosecution of environmental public interest litigation through legislation; only the procuratorial organs that have major environmental infringements endangering the interests of the public environment can initiate environmental public interest litigation; clarify the litigation status of the procuratorial organs in environmental public interest litigation; The procuratorial organ and the environmental protection public welfare organization shall give priority to the prosecution, set up the pre-litigation written notice procedure in the environmental civil public interest litigation, set the administrative reconsideration pre-procedure in the environmental administrative public interest litigation, and impose necessary restrictions on the procuratorial organ's disposition right. The statute of limitations method extends the period of limitation of litigation, and the establishment of an environmental public welfare fund to bear the relevant expenses in the litigation.

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