Ma Yong, Deputy Secretary-General of CBCGDF Talks about Environmental Public Interest Litigation
On December 28, 2024, the 10th anniversary of the implementation of the new Environmental Protection Law and the discussion on environmental public interest litigation were held at Beijing Union University. The Legal Working Committee of the China Biodiversity Conservation and Green Development Foundation was the supporting unit, and Ma Yong, Deputy Secretary-General of the Legal Working Committee of CBCGDF, gave a speech on the theme of "Phase-by-stage review, reflection and prospect of environmental public interest litigation".
During the meeting, Ma Yong summarized the stages of environmental public interest litigation into three stages: the exploration stage before the implementation of the Civil Procedure Law in 2013, the starting stage from 2013 to 2019, and the development stage after 2019. He also analyzed the litigation subjects, litigation types, and corresponding laws in the three stages. The reflection part deeply analyzed the problems highlighted in the theoretical research and legislation of environmental public interest litigation, explained the significant slowdown of environmental public interest litigation by social organizations, and the three major problems of incoordination and even collision of various lawsuits. Based on the stage preparation and problem statement of environmental public interest litigation, it is proposed to strengthen theoretical research and legislation of public interest litigation; focus on the participation of social organizations in environmental administrative public interest litigation and build a government ruled by law; promote information disclosure and help improve the government's credibility; and innovate and explore new types of environmental public interest litigation cases.
The following is Ma Yong’s concluding remarks:
Today, I am fortunate to see so many friends gathered together to discuss the tenth anniversary of the implementation of the Environmental Protection Law Public Interest Litigation, which is crucial to promoting the sustainable and healthy development of the environmental public interest litigation system.
I personally believe that although there have been some problems in the development of environmental public interest litigation in recent years, generally speaking, it has played a very important role in my country's environmental governance, directly changing the dilemma of relying solely on environmental administrative law enforcement in the past, and also expanding the dual structure of government supervision and corporate compliance to the law to the participation of the whole society, especially the joint efforts of environmental public interest litigation and environmental criminal justice, and the coordinated environmental administrative law enforcement, which has greatly improved the environmental quality in my country. In this process, the public interest litigation system has allowed social organizations to participate in the progress of the entire environmental protection as a new force, and become plaintiffs directly involved in public interest litigation, thus playing a major role in the supervision, participation and promotion of the entire environmental protection.
Original Chinese Article: https://mp.weixin.qq.com/s/KD5V0PBD3xsfHGAJqxyStw
Translator: Maggie
Checked by: Richard
Contact: v10@cbcgdf.org; +8617319454776
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