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Historical Development of Environmental Public Interest Litigation (EPIL) in China

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Environmental Public Interest Litigation in China

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Abstract

As early as the end of the last century, China gradually began to explore the EPIL System. The period from the beginning of the exploration to its formal establishment is more than 20 years. This can be generally summarized into three stages: early case exploration, local practice and legislative breakthrough, and national promotion. It can be expected that with the joint efforts of all sectors of the society and the successive introduction of relevant laws, regulations, and judicial interpretations and the continuous promotion of judicial practice, the EPIL System in China will become more developed. It will become an important litigation system to promote China’s practice of the scientific outlook on development and the construction of anecological civilizationsociety.

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Notes

  1. 1.

    On 13 November 2005, an explosion occurred in the first workshop of the Biphenyl Plant of Jilin Petrochemical Company. After this explosion, approximately 100 tons of benzene-like substances (benzene, nitrobenzene, etc.) flowed into theSonghua River, which seriously polluted the river water and affected the lives of millions of residents along the coast.

  2. 2.

    Southeast University teachers sued the Planning Bureau for illegally approving the “observation deck”, Nanjing IntermediatePeople’s Courtof Jiangsu Province (2002).

  3. 3.

    See Zhang (2007), pp. 10–15.

  4. 4.

    Greenpeace (2007).

  5. 5.

    The Dagu Fishermen’s Association of Tanggu District v Infinity Shipping Co., Ltd.,Tianjin Maritime Court(2003).

  6. 6.

    See Zhang and Xie (2007), pp. 107–109.

  7. 7.

    See Zhang (2016), pp. 52–58.

  8. 8.

    Ibid.

  9. 9.

    Guiyang IntermediatePeople’s Court(2007) Decision on Designation of Jurisdiction (Zhu Huanbao Zhizi No 1).

  10. 10.

    Guiyang “Two Lakes and One Reservoir” Administration v Guizhou Tianfeng Chemical Co., Ltd., theEnvironmental Protection CourtofQingzhen(2008).

  11. 11.

    All-China Environmental Protection Federation vQingzhenMunicipal Bureau of Land and Resources, theEnvironmental Protection Courtof Qingzhen(2009).

  12. 12.

    Guiyang City’s Regulations on Promoting the Construction of Ecological Civilization (2010).

  13. 13.

    These cases include, for example,WangchengProcuratorateof Changsha, Hunan Province v Hunan Changsha Pingtang Cement Company Limited(2008);Haizhu Procuratorate of Guangzhou v Chen Zhongming, owner of Xin Zhongxing Water Washing Plant(2008);Guiyang Procuratorate v Xiong Jinzhi, Lei Zhang and Chen Tingyu(2008);Xinyu Yushui Procuratorate v Li Mou and Zeng Mou(2008);Guangzhou Panyu Procuratorate v Dongchong Dongtai Leather Factory(2009);Guiyang Procuratorate v Xiong Jinzhi, Lei Zhang and Chen Tingyu(2009);Wuxi Xishan Procuratorate v Li Mu and Liu Mou(2009);XingziPeople’s Procuratoratev Xingzi Chenghui Stone Factory(2009);Guangzhou Panyu People’s Procuratorate v Guangzhou Panyu Bolang Hardware Factory; (2010);Guangzhou Baiyun People’s Procuratorate v Du Jiahua and Liang Zhongqiang(2010);Pinghu People’s Procuratorate v Jiaxing Luyi Environmental Protection Service Co.(2011). SeeTao (2013), pp. 93–110.

  14. 14.

    Since the 1970s, affected by the development of biological resources in the lake area and the rapid development of local industry and agriculture, the water quality of the Yangzong Sea has deteriorated rapidly. In June 2008, the water quality of Yangzong Sea did not improve at all, and the arsenic content reached an astonishing 58 μg/L.

  15. 15.

    The construction projects of Yunnan Ludila and Longkou hydropower stations failed to pass the EIA, but the company built dams without authorization in January 2009. On June 11, 2009, the Ministry of Environmental Protection ordered the two hydropower stations to stop construction.

  16. 16.

    Due to the abnormal operation of the desulfurization facilities of Guodian Yangzonghai Power Generation Co., Ltd. and the ineffective reduction of sulfur dioxide, Chongqing Green Volunteers Federation filed a public interest lawsuit against Guodian Yangzonghai Power Generation Company in the Environmental Court of KunmingIntermediate Courtin 2010.

  17. 17.

    In June 2011, more than 5000 tons of highly toxic chromium slag from Yunnan Luliang Chemical Industry Co., Ltd. was illegally dumped in the countryside of Qilin District, Qujing City, Yunnan Province, causing the death of 77 livestock and contamination of farmland in the nearby countryside, and seriously threatening the health and environmental safety of the surrounding people.

  18. 18.

    Implementation Opinions on the Establishment of a Coordination Mechanism for Environmental Protection Law Enforcement (2008).

  19. 19.

    Minutes of the Symposium on the Construction of the Environmental Protection Tribunal and the Trial of Environmental Protection Cases of the Yunnan Provincial HigherPeople’s Court(2009).

  20. 20.

    Interim Measures for the Administration of Special Funds for Environmental Public InterestLitigationRelief in Kunming (2010).

  21. 21.

    Opinions on Several Issues concerning Handling of Environmental Civil Public Interest Litigation Cases (2010).

  22. 22.

    Opinions of the IntermediatePeople’s Courtof Yuxi City and thePeople’s Procuratorateof Yuxi City on Several Issues concerning the Handling of Civil Public Interest Litigation Cases on Environmental Resources (for Trial Implementation) (2011).

  23. 23.

    Provisions of Wuxi IntermediatePeople’s Courtand WuxiPeople’s Procuratorateon Handling Environmental Civil Public Interest Litigation Cases (for Trial Implementation) (2008).

  24. 24.

    Opinions of WuxiIntermediate Court, the MunicipalProcuratorateand the Municipal Office of Legal Affairs on Evidence to the Procuratorate by Departments with Environmental Protection Administrative Functions in Environmental Civil Public Interest Litigation (2008).

  25. 25.

    Shi Zhengmao,All-China Environmental Protection Federation v Jiangyin Port Container Co., Ltd, IntermediatePeople’s Courtof Wuxi City, Jiangsu Province (2009).

  26. 26.

    Collaborative Opinions of Xinzhou DistrictPeople’s Procuratorateand Xinzhou DistrictEnvironmental Protection Bureauon Carrying out Environmental Public InterestLitigationActivities (2010).

  27. 27.

    Opinions of Chengyang District Court, the DistrictProcuratorateand the DistrictEnvironmental Protection Bureauof Qingdao on the Establishment of a Coordinated and Linked Working Mechanism for Environmental Law Enforcement (2010).

  28. 28.

    Several Opinions of Jiaxing CityProcuratorateand MunicipalEnvironmental Protection Bureauon Environmental Protection Public Interest Litigation (2010).

  29. 29.

    Several Opinions of Huzhou Central Court and MunicipalProcuratorateon the Establishment of an Environmental Protection Public Interest Litigation System (2010).

  30. 30.

    Opinions of Zhejiang ProvincialProcuratorateand Department of Environmental Protection on Actively Using Civil and Administrative Procuratorial Functions to Strengthen Environmental Protection (2010).

  31. 31.

    Implementation Opinions of the HigherPeople’s Courtof Hainan Province on the Pilot Program of Civil Public Interest Litigation for Environmental Resources (2011).

  32. 32.

    Measures of Hainan Provincial Department of Finance and Hainan Provincial HigherPeople’s CourtInterim on the Administration of Provincial Environmental Public InterestLitigationFunds (2011).

  33. 33.

    Opinions of Chongqing HigherPeople’s Court, MunicipalPeople’s Procuratorate, Municipal Public Security Bureau, and MunicipalEnvironmental Protection Bureauon the Pilot Centralized Handling of Environmental Protection Cases (2011).

  34. 34.

    The Notice on Piloting Centralized Trial of Environmental Protection Cases in Some Courts in Jiangsu Province (2012).

  35. 35.

    Regulations on the Promotion of the Construction of Ecological Civilization in Zhuhai Special Economic Zone §67 (2014).

  36. 36.

    Ruan (2013), pp. 157–161.

  37. 37.

    See Art. 55Civil Procedure Law.

  38. 38.

    The Environmental Protection Law (for Trial Implementation) of 1979 was the first milestone in the history of China’s environmental legislation, which stipulated the basic principles, tasks and policies of China’senvironmental protection.

  39. 39.

    Article 55 of the NewCivil Procedure Lawstipulates that “organs and relevant organizations prescribed by law” also have the qualifications to initiate public interest lawsuits. The “relevant organizations stipulated by law” in this article generally only refer to someenvironmental protectionorganizations that are expressly stipulated by law, and in fact the scope of plaintiffs ofEPILis kind of narrow.

  40. 40.

    Interpretation of the SupremePeople’s Courton Several Issues concerning the Application of Law in the Conduct of Environmental Civil Public Interest Litigations (2015).

  41. 41.

    Interpretation of the SupremePeople’s Courtof Several Issues on the Application of Law in the Trial of Disputes over Liability for Environmental Torts (2015).

  42. 42.

    See Liu (2017), pp. 3–18+170.

  43. 43.

    Plan for the Pilot Project of Reform of Instituting Public Interest Litigations by the Procuratorial Organs (2015).

  44. 44.

    Measures for the Implementation of the Pilot Program of Initiating Public Interest Litigation by People’s Procuratorates (2015).

  45. 45.

    Measures for the Implementation of the Pilot Program of Trial by People’s Courts of Public Interest Litigation Cases Instituted by People’s Procuratorates by People’s Courts (2016).

  46. 46.

    Civil Codeof the People’s Republic of China (2020).

  47. 47.

    Interpretation of the SupremePeople’s Courton Several Issues concerning the Application of Law in the Conduct of Environmental Civil Public Interest Litigations (2020).

  48. 48.

    Shenzhen Special Economic Zone Regulations on Ecological and Environmental Public InterestLitigation(2020).

  49. 49.

    Interpretation of the SupremePeople’s Courtand the SupremePeople’s Procuratorateon Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation (2018).

  50. 50.

    Notice of the SupremePeople’s Procuratorateon Promoting the Reform of Internal Organizations of People’s Procuratorates below the Province (2018).

  51. 51.

    Opinions of the Jiangsu ProvincialPeople’s Procuratorateon the Establishment of an Integrated Collaborative Mechanism for the Protection of Ecological Environment and Resources in the Yangtze River Economic Belt (2019).

  52. 52.

    Plan for the Reform of the System of Damages for Harm to Ecology and Environment Issued by the General Office of the CPC Central Committee and the General Office of theState Council(2018).

  53. 53.

    SPC(2018).

  54. 54.

    Several Provisions of the SupremePeople’s Courton the Trial of Cases on Compensation for Damage to the Ecological Environment (for Trial Implementation) (2019).

  55. 55.

    The green principle spans the fields of Civil Law and Environmental Resources Law, which is an obligatory basic norm with universal binding force and value judgment. It is also the basic principle that carries the core value of eco-socialism and the concept of green development., for details, see Cai and Zhang (2018), pp. 1–8.

  56. 56.

    Art. 1234Civil Code.

  57. 57.

    Art. 1234Civil Code.

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Authors and Affiliations

  1. Law School of Shandong University, Shandong, China

    Shijun Zhang

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  1. Shijun Zhang
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Editors and Affiliations

  1. Law School of Kunming University of Science and Technology, Kunming, China

    Xi Wang

  2. School of Law & Justice, University of Southern Queensland, Ipswich, QLD, Australia

    Xiaobo Zhao

  3. School of Law and Justice, University of Southern Queensland, Ipswich, QLD, Australia

    Noeleen McNamara

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Zhang, S. (2023). Historical Development of Environmental Public Interest Litigation (EPIL) in China. In: Wang, X., Zhao, X., McNamara, N. (eds) Environmental Public Interest Litigation in China. Springer, Cham. https://doi.org/10.1007/978-3-031-26526-6_2

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