2011Asia Pacific Law ReviewRequires access

Environmental Public Interest Litigation in China

Mingde Cao, Wang Fengyuan

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Abstract

Environmental public interest litigation plays an irreplaceable role in the enforcement of environmental law. Such lawsuits in China have usually been launched by citizens, procuratorate bodies, administrative authorities or nongovernmental organisations (NGOs). Because citizen enforcement has several deficiencies and the procuratorate bodies and administrative authorities are restricted to their specific functions and obligations, environmental NGOs could be the best plaintiffi in these lawsuits. However, because there are some obstacles for NGOs in undertaking such litigation, including thresholds for establishing standing, registration restrictions, etc, special rules should be applied.

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What this paper is about

Environmental public interest litigation plays an irreplaceable role in the enforcement of environmental law. Such lawsuits in China have usually been launched by citizens, procuratorate bodies, administrative authorities or nongovernmental organisations (NGOs). Because citizen enforcement has several deficiencies and the procuratorate bodies and administrative authorities are restricted to their specific functions and obligations, environmental NGOs could be the best plaintiffi in these lawsuits. However, because there are some obstacles for NGOs in undertaking such litigation, including thresholds for establishing standing, registration restrictions, etc, special rules should be applied.

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OpenAlex reports 12 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available abstract

Environmental public interest litigation plays an irreplaceable role in the enforcement of environmental law. Such lawsuits in China have usually been launched by citizens, procuratorate bodies, administrative authorities or nongovernmental organisations (NGOs). Because citizen enforcement has several deficiencies and the procuratorate bodies and administrative authorities are restricted to their specific functions and obligations, environmental NGOs could be the best plaintiffi in these lawsuits. However, because there are some obstacles for NGOs in undertaking such litigation, including thresholds for establishing standing, registration restrictions, etc, special rules should be applied.

Key concepts: Enforcement, China, Public interest, Business, Political science, Environmental law, Law enforcement, Public administration

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