【观点】 久拖不立渐成常态(英文版)

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Case Filling Challenges Faced by NGOs on Environmental Public Interest Litigation


Author: Wang Xiaoqiong

Abstract:

According to the revised Environmental Protection Law of the People’s Republic of China, NGOs can file environmental public interest litigation (EPIL). But comparing with procuratorates at all levels, which are governing bodies working in tandem with courts, NGO’s filing still faces many challenges. The reasons are threefold. First, courts of all levels lack impetus to deal with environmental public interest litigations. Second, different levels of courts have different understanding of the importance of environmental protection. Third, lacking of trust for NGOs from the courts. Five suggestions are proposed in this article. First, thoroughly implementing the Supreme People’s Court Working Regulation in the Conduct of Environmental Civil Public Interest Litigations to docket every case. Second, setting key performance indicators on EPIL. Third, training judges with EPIL knowledge. Fourth, encouraging communication and building trust on NGOs. Fifth, following the guide of Civil Code of the People’s Republic of China to encourage the green development of EPIL.

Key words: environmental public interest litigation (EPIL), NGOs, case docketing, NGO trust-building

Wang Xiaoqiong, Case Filling Challenges Faced by NGOs on Environmental Public Interest Litigation, Biodiversity Conservation and Green Development, Vol.1 No.2. January 2022, ISSN2749-9065