Legal aspects of judicial protection of citizens’ rights and public interests in the field of environmental protection in the people’s Republic of China
Reviews
Readers community rating
0.0 (0 votes)


Views
307


Downloads
10
Date of publication
17.11.2021
Public year
2021
DOI
10.31857/S102694520017273-1
Legal aspects of judicial protection of citizens’ rights and public interests in the field of environmental protection in the people’s Republic of China
Read   Download pdf
Annotation

This article examines the judicial procedure for protecting the rights of citizens and public interests in the field of environmental protection in the People's Republic of China. The author analyzed the regulatory legal acts of China that regulate the activities of specialized courts for environmental protection. In the course of the research, the features of the creation of such courts are revealed, as well as the analysis of judicial practice on the consideration of disputes in the field of environmental protection is presented. Besides, it is established that only public organizations and prosecutor's offices are authorized to file lawsuits in the specialized courts for environmental protection in defense of public interests in the field of environmental protection. At the same time, the current legislation does not provide for citizens to apply to them, since everyone's environmental rights are generally protected by applying to the people's courts of the People's Republic of China. As a result of the research, the author came to the conclusion that the reform of environmental justice in China continues in the direction of legal regulation of the activities of specialized courts for environmental protection. At the same time, the chinese experience of protecting public interests in the field of environmental protection by public organizations or prosecutor's offices in environmental courts allows us to note an improvement in the quality of justice and progress in the consideration of this category of cases, since decisions are made by judges with special knowledge in this area. While the current legislation of China does not establish the specifics of protecting environmental rights by citizens in a General manner by applying to the people's courts of the People's Republic of China.

About authors
Natalia I. Khludeneva
Department of Environmental and Agrarian Legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation
References

1. Brinchuk M.M. The Constitution of the Russian Federation - the basis of progressive development of Environmental Law / rev. ed. M.M. Brinchuk, O.L. Dubovik // The Constitution of the Russian Federation and the development of Environmental Law. M.,º2005. P. 14 (in Russ.).

2. Brinchuk M.M. Environmental Law: textbook. 2nd ed., reprint. and additional. M., 2003. P. 122 (in Russ.).

3. Van Kanfa. Special reform of environmental justice in China (in English) // Chinese Scientist. 2013. No. 1. P. 44, 45.

4. Wang Yanfang, Wu Kaijie. On the role and orientation of the prosecutorial body in judicial disputes in the field of public interests (in Chinese) // Journal of the Chinese People’s University. 2016. No. 2. P. 2.

5. Gao Soitsui. The concept of creating courts (tribunals) for environmental protection (in English) // Eastern Legal Science. 2009. No. 5. P. 76.

6. Gong Gu. Empirical analysis of judicial disputes in the field of public environmental interests in China (in Chinese) // Jurisprudence. 2016. No. 9. P. 31.

7. Dubovik O.L. Legal regulation of environmental conflicts // Lex russica. 2016. No.º6º(115). P. 49 (in Russ.).

8. Dubovik O.L., Stepanenko V.S. Trends and prospects for the development of EU Environmental Law // Law and politics. 2005. No. 1. P. 12 (in Russ.).

9. Kremer L. The future role of the European Court of Justice in the development of European Environmental Law // Environmental Law. 2005. No. 5. P. 8 (in Russ.).

10. Solntsev A.M., Muzaleva O.S., Shvarova A.S. On the establishment of specialized environmental courts to ensure effective protection of environmental rights of citizens // Herald of the Volgograd Academy of the Ministry of Internal Affairs of Russia. 2013. No. 1. P. 30 (in Russ.).

11. Tang Fanyuan. A study of the current situation, problems and countermeasures of environmental protection courts in China (in Chinese) // Theses of a dissertation for obtaining a Master's degree in Law. Hainan. 2018. No. 5. P. 22.

12. Brian J. Preston. Benefits of judicial specialization in Environmental Law: the land and environment court of new south Wales as a case Study // The University of Sydney law school. 2012. No. 2. P. 96.

13. Zhang J. A thesis on the establishment of specialized environmental and resources courts in China // Collection of materials of the conference “Earth and environmental Sciences”. 2019. P. 2. URL: file:///C:/Users/5956~1/AppData/Local/Temp/A_thesis_on_the_establishment_of_specialized_envir.pdf

Полная версия доступна только подписчикам
Подпишитесь прямо сейчас