Social organizations should be exempted from costs for environmental public interest litigation

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By YANG Honglan

Abstract: Public interest litigation is based on safeguarding public interests so as to avoid “the tragedy of the commons”. The plaintiffs in public interest litigation are not for safeguarding private interests other than traditional private interest litigation. Therefore, the acceptance fee of public interest litigation cases cannot be charged according to the fee standard of ordinary property-related private interest litigation. For the acceptance fee of public interest litigation cases, it is recommended to promote the practice of Guizhou High People’s Court and other courts, that is, “case acceptance fees for environmental public interest litigation do not need to be paid in advance by the plaintiff, and it shall be borne directly by the defendant who loses the lawsuit; if the plaintiff loses the lawsuit, the people’s court shall generally decide to waive the case acceptance fee, except for malicious lawsuits”.

Key words: Costs, public interest litigation, exemption from payment

YANG Honglan. Social organizations should be exempted from costs for environmental public interest litigation. BioGreen - Biodiversity Conservation and Green Development. Vol. 1, July 2023. Total Issues 45. ISSN2749-9065