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- Title
A review of the dilemma in environmental public interest litigation across administrative regions and its improvement.
- Authors
WANG Xiaowe
- Abstract
The wholeness of environmental issues across administrative regions determines that environmental public interest litigation across administrative regions requires enhancing the willingness of judicial collaboration, integrating the resources within each region, strengthening cooperation, and implementing comprehensive management. The interactivity of environmental issues across administrative regions determines that environmental public interest litigation across administrative regions emphasizes the establishment of a judicial collaboration system across administrative regions. It is also necessary to strengthen coordination and guarantees at the legislative level and unified collaboration at the judicial level. Based on this, this study adopted the methods of legal norms analysis and case analysis to examine the institutional norms of environmental public interest litigation across administrative regions and summarize the reform practice of procuratorate environmental public interest litigation across administrative regions. The study identified the Beijing model of centralizing the jurisdiction of specific procuratorate organs over environmental public interest litigation cases across administrative regions and institutionalized the 'virtual governance cost method' to quantify public interest damages. It also identified the Qinghai model, a coordinated approach at the higher level and a consultative approach between provinces at the same level for intra-provin-cial and inter-provincial environmental public interest litigation cases across administrative regions. These reform practices provided modernized local wisdom for procuratorate environmental public interest litigation across administrative regions and a mature institutional reference for improving the environmental public interest litigation system. At the same time, because of the insufficient supply of legal norms, the establishment of cross administrative procuratorate organs faced difficulties in terms of unclear legal status and unclear hierarchical set-up, the jurisdiction of procuratorate authorities across administrative regions was still territorial, and jurisdictional conflicts with the courts were inevitable; the procuratorate authorities' right to investigate and obtain evidence in environmental public interest litigation across administrative regions lacked enforceability, relevant safeguards for the exercise of the right to investigate and obtain evidence were insufficient, and there existed environmental dilemmas in the investigation and obtaining of evidence; and the rules for allocating the burden of proof in environmental public interest litigation across administrative regions were not sufficiently detailed, the litigation procedures were lagging behind, and the responsibility for losing a case was not clear. The above-mentioned problems seriously restricted the development of the environmental public interest litigation system across administrative regions. The Report to the 20th National Congress of the Communist Party of China clearly proposed the 'improvement of the public interest litigation system,' which is a strong endorsement for the legislative and practical exploration of the public interest litigation system, putting forward higher requirements for developing and improving the modern environmental public interest litigation system with Chinese characteristics. Therefore, procuratorate environmental public interest litigation across administrative regions should be improved from the aspects of providing high-quality rule of law services for public interest litigation, eliminating the territoriality of jurisdiction to rationalize the relationship between the procuratorate organs and courts, eliminating the resistance to investigation and evidence collection to promote public interest litigation, and improving the public interest litigation procedures to enhance the effectiveness of procuratorate environmental public interest litigation across administrative regions.
- Subjects
CHINESE Communist Party; CITIZEN suits (Civil procedure); LEGAL norms; PUBLIC interest law; DILEMMA; BURDEN of proof
- Publication
China Population Resources & Environment, 2023, Vol 33, Issue 12, p134
- Publication type
Article