Year: 2025
Type: article
Abstract: The Civil Procedure Law of the People's Republic of China (hereinafter referred to as the 'Civil Procedure Law'), which was amended for the second time in August 2012, provided for the first time for an environmental public interest litigation system, stressing that relevant departments or organisations can initiate litigation in the People's Courts in the face of incidents of damage to the environment and endangering the legitimate rights and interests of the public. Nowadays, the 20th CPC National Congress proposes to 'improve the public interest litigation system', which provides a policy basis and direction for the further development and improvement of environmental public interest litigation, and promotes its better functioning in the fields of ecological environment and resource protection, solving ecological and environmental governance problems by means of the rule of law, forming a synergy of public interest protection and promoting the construction of a beautiful China, which has become a major challenge for the protection of social public interests. It has become an important legal means to protect social public interests and safeguard social justice. This paper intends to analyze the value pursuit and legal relationships of the environmental public interest litigation system from a jurisprudential perspective. However, since China's public interest litigation system has not been established for a long time and a strict legal framework for public interest litigation has not yet been formed, several issues exist. These include vague regulations on litigation subjects, significant resistance in litigation processes, and the special role of procuratorial organs. Such problems hinder the environmental public interest litigation system from fulfilling its functions in resource conservation and environmental protection. This paper will analyze the above-mentioned issues and, by integrating with branch laws, highlight approaches to improve the current situation. This paper will analyse the above problems and highlight the improvement methods.
Author: Yuhan Xiao
Institution: Southwest Petroleum University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410940558