Discussion on the litigation rights disputes of social organizations

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6

By WANG Jing

Abstract: Since the 1970s, China has successively formulated a series of laws and regulations related to the protection of the marine ecological environment in the field of marine environmental protection, among which the Marine Environment Protection Law of the People’s Republic of China (hereinafter referred to as the Marine Environment Protection Law) is the most representative. In 2023, China again reviews the revision of the Marine Environment Protection Law. This article combines the management system and mechanism in the field of marine ecological environmental protection in China, the current solicitation of opinions on the Marine Environment Protection Law (Draft Revision) and the current status of marine environmental public interest litigation to analyze, and focuses on discussing the standing of social organizations as plaintiffs in marine environmental public interest litigation. Although in Chinese judicial practice, the people’s courts at all levels generally hold a negative attitude towards the standing of social organizations as plaintiffs to file marine environmental civil public interest litigation based on the provisions of Article 89, paragraph 2 of the Marine Environment Protection Law, this article believes that although Article 89 of the Marine Environment Protection Law does not mention social organizations as proper plaintiffs, it does not mean that this law conflicts with the content of Article 58 of the Environmental Protection Law of the People’s Republic of China that social organizations can file environmental public interest litigation. The right of social organizations to file marine environmental public interest litigation should be reserved. Meanwhile, due to the particularity of the marine ecosystem and the complexity of safeguarding rights and interests related to the marine environment, with the help of this revision of the Marine Environment Protection Law, a pre-procedure for compensation for damages to the marine ecological environment should be set up: that is, when a social organization discovers an illegal act that damages the marine ecological environment, it can first report to the department exercising the right to supervise and manage the marine environment. If the illegal issue is not resolved and the marine environmental supervision and management department does not initiate public interest litigation procedures within 60 days, social organizations can file public interest litigation for behaviors that damage the marine ecological environment.

Key words: Ocean, ecology, pollution, environmental public interest litigation, social organization, qualifications of subject

WANG Jing. Discussion on the litigation rights disputes of social organizations in marine environmental public interest litigation. BioGreen - Biodiversity Conservation and Green Development. Vol. 1, July 2023. Total Issues 45. ISSN2749-9065